The Veteran's initial rating for back disability was denied, and a higher rating is also denied. A 40% rating is granted effective July 19, 2021.,A separate rating for objective neurologic abnormality of radiculopathy of the left buttock associated with the back disability is remanded.
The deciding factor: The Veteran's back disability was not shown to meet or approximate the criteria for a higher than 20% rating prior to July 19, 2021. However, on July 19, 2021, his range of motion approximated a level that would warrant a 40% rating.,The Veteran's right foot disability is currently rated as 10%, but the Board finds it more likely than not that he has symptoms that approximate a moderately severe level of impairment.
- Claimed conditions
- Back Disability, Right Foot Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2022
- Citation
- 22026986
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 22026986.
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 right foot disability, finding that the evidence is at least approximately evenly balanced as to whether the Veteran's post-service disability was incurred in service.
- Remanded (sent back)
The Board has remanded the claims for service connection for right foot, hip, and knee disabilities due to a pre-decisional duty to assist error in not obtaining opinions on causation or aggravation.
- Remanded (sent back)
The Veteran's service connection claims for erectile dysfunction and voiding dysfunction have been denied due to the lack of evidence linking these conditions to his in-service exposure.,The remaining service connection claims (for bilateral feet, ankles, hip, wrist, cervical spine, upper extremity radiculopathy, psychiatric disorder, GERD, sleep apnea, and hypertension) are remanded for further development.
- Remanded (sent back)
The Board has determined that the VA rating decision denying service connection for a right knee disability and a back disability is not supported by adequate medical opinions, and thus remands the case for further development.
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