The Veteran's claims for increased ratings for his back and right leg disabilities are being remanded due to the need for new VA examinations to address the current severity of his disabilities.
The deciding factor: The Board found that the previous VA examinations did not substantially comply with the December 2017 Board remand directives, necessitating a new examination to ensure compliance.
- Claimed conditions
- post-operative residuals of a herniated lumbar disc, lumbar spondylosis with intervertebral disc syndrome (IVDS), radiculopathy of the right lower extremity (RLE)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 31, 2022
- Citation
- 22031689
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 22031689.
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 denied service connection for radiculopathy of the left and right lower extremities prior to November 22, 2022.,The Board has also remanded the issue of service connection for a right foot disorder.
- Granted
The Veteran's radiculopathy of the right lower extremity is granted a disability rating of 40 percent, but no higher. The initial compensable rating for hypertension and TDIU are also granted.
- Remanded (sent back)
The Board has remanded the claims for service connection for plantar fasciitis, radiculopathy of the left lower extremity (LLE), and radiculopathy of the right lower extremity (RLE) due to a duty to assist error in obtaining adequate opinions regarding causation and aggravation.
- Denied
The Board denied earlier effective dates for the grants of service connection and increased ratings for various disabilities.
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