The Veteran's appeal is remanded for additional examinations and development to correct duty-to-assist errors in the prior rating decisions.
The deciding factor: Prior VA examinations were inadequate, particularly regarding range of motion measurements and pain points. The Veteran may have experienced flare-ups that need to be assessed.
- Claimed conditions
- Degenerative changes with narrowing of all five lumbar discs, Radiculopathy (sciatic nerve), right lower extremity, Radiculopathy (femoral nerve), right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2022
- Citation
- A22024896
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A22024896.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted a rating of 20 percent for the left lower extremity radiculopathy and denied an increased rating in excess of 20 percent for the right lower extremity radiculopathy.
- Partly granted
The Board denied an initial rating in excess of 20 percent for the Veteran's back disability and granted a 20 percent rating, but not higher, for radiculopathy (sciatic nerve), right lower extremity, and a 40 percent rating, but not higher, for radiculopathy (sciatic nerve), left lower extremity. Other claims were denied.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for thoracolumbar degenerative joint disease with muscle spasm and radiculopathy of the lower extremities due to incomplete examination results. The Veteran will need further medical evaluations.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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