The Board has determined that the VA examinations in the record are inadequate for rating purposes and remanded the claims for additional development, including obtaining all outstanding records of VA and private evaluation and/or treatment. The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and functional limitations associated with his lumbar radiculopathy disability.
The deciding factor: The examinations in the record are inadequate for rating purposes due to not providing estimates of additional range of motion findings during flare-ups as required by Sharp v. Shulkin, 29 Vet. App. 26 (2017).
- Claimed conditions
- low back disability, left lumbar radiculopathy, right lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 26, 2022
- Citation
- 22031391
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 22031391.
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.
- Remanded (sent back)
The Board has found that remand is needed for the Veteran's claims due to duty to assist errors, including clarification of periods of service and obtaining relevant records. The Veteran will be afforded new medical examinations for each claimed disability.
- Remanded (sent back)
The Board has denied service connection for bilateral hearing loss and remanded the claims of right shoulder disability and low back disability due to insufficient evidence.
- Granted
The Veteran's claim for service connection of a low back disability was granted with an effective date of January 9, 2018. The Board accepted her November 21, 2019 VA Form 20-0996 as a valid opt-in of the April 2019 SOC into the modernized review system.
- Dismissed
The Veteran's appeal concerning diabetes and a low back disability has been dismissed due to their death during the pendency of the appeal.
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