The Veteran's lumbar spine disability was restored to a 20 percent rating effective June 4, 2015.,A higher rating for sensory radiculopathy of the left lower extremity is denied as it does not meet the criteria for a 40 percent rating.,An earlier effective date for the 20 percent rating for sensory radiculopathy of the left lower extremity is denied.,Service connection for sleep apnea remains pending and will be remanded.
The deciding factor: The reduction in the Veteran's lumbar spine disability rating from 20 to 10 percent was improper as there was no improvement in his condition warranting such a change, based on the findings at the May 2015 examination.,The Veteran's sensory radiculopathy of the left lower extremity is currently rated at 20 percent and does not meet the criteria for a higher rating due to its moderate severity.,It was not factually ascertainable that an increase in the Veteran's sensory radiculopathy occurred within one year from the date of his February 20, 2015 increased rating claim.,Service connection for sleep apnea remains pending as it has not been withdrawn and no NOD (Notice of Disagreement) was filed.
- Claimed conditions
- lumbar spine disability, sensory radiculopathy, left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- May 5, 2022
- Citation
- 22026587
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 22026587.
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.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
- Remanded (sent back)
The Board has granted service connection for tinnitus. Service connection is being remanded for the lumbar spine disability and right knee and calf disabilities.
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