The Board has remanded the Veteran's claims for increased evaluations, service connection, and effective date determinations due to insufficient evidence. The Veteran is also being asked to undergo additional examinations.
The deciding factor: The Board found that there was not enough evidence to determine if earlier effective dates were warranted or if new evidence supported reopening of a previously denied TBI claim.
- Claimed conditions
- Degenerative disc disease, lumbar spine, Radiculopathy of the right lower extremity, Radiculopathy of the left lower extremity, Right ankle, lower leg pain, status post posterior malleolus and tibia fracture
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 10, 2022
- Citation
- 22027669
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 22027669.
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.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Veteran's lumbosacral spine disability is rated at 20 percent, but the Board finds that it warrants a rating of 40 percent throughout the appeal period.,Service connection for left lower extremity radiculopathy secondary to his service-connected lumbosacral spine disability is granted. The Veteran's claim for an initial rating will be remanded for further evaluation.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim of service connection for degenerative disc disease, lumbar spine (claimed as back injury) due to inadequate VA examination and failure to comply with prior remand directives.
- Partly granted
The Veteran's radiculopathy of the right lower extremity is currently rated at 70% effective from February 11, 2010.,Entitlement to an earlier effective date for radiculopathy of the right lower extremity was denied.
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