The Veteran's claims for effective dates prior to May 7, 2009 and increased ratings are being remanded as the evidence is insufficient to determine when entitlement arose or if earlier effective dates are warranted.,The Veteran's TDIU claim is also being remanded due to his recent testimony indicating that his disabilities have worsened since his last VA examination.
The deciding factor: The Board finds that there is not enough evidence in the record to determine when entitlement for these conditions arose, and therefore, earlier effective dates are not warranted.,The Veteran testified at his June 2021 hearing that his disabilities have worsened since his last VA examination. As such, a new examination is needed to assess the current severity of his service-connected disabilities.
- Claimed conditions
- radiculopathy of the left lower extremity, sciatic distribution, degenerative disc and joint disease of the lumbar spine, radiculopathy of the right lower extremity, femoral distribution, radiculopathy of the right lower extremity, sciatic distribution
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 5, 2022
- Citation
- 22038339
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 22038339.
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 the Veteran's claim for an effective date prior to February 8, 2023 for the grant of a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) because it is not factually ascertainable that his service-connected conditions caused him to become unemployable within one year before filing the claim.
- Granted
The Veteran is granted special monthly compensation (SMC) at the intermediate rate between the (m) and (n) rates based on his service-connected conditions.
- Remanded (sent back)
The Board remands multiple claims for higher initial ratings and other benefits due to the need for additional development, including an examination regarding atrophy in the Veteran's legs.
- Remanded (sent back)
The Board remands the claim for a VA opinion to address whether the Veteran's lumbar spine disability manifested in the functional equivalent of unfavorable ankylosis during flare-ups.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.