The Veteran's lumbar spine disorder with degenerative disc disease and associated radiculopathy of the bilateral lower extremities do not meet the criteria for a higher rating, as they do not result in unfavorable ankylosis or incapacitating episodes. The claims are remanded.
The deciding factor: The evidence does not show that the Veteran's lumbar spine disorder with degenerative disc disease and associated radiculopathy of the bilateral lower extremities meet the criteria for a higher rating, as they do not result in unfavorable ankylosis or incapacitating episodes.
- Claimed conditions
- Lumbar Spine Disorder with Degenerative Disc Disease, Radiculopathy of the Left Lower Extremity (LLE), 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
- August 11, 2022
- Citation
- 22045470
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 22045470.
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.
- Partly granted
The Board granted service connection for obstructive sleep apnea, a back disability, and radiculopathy of the left lower extremity (LLE), but denied service connection for sinusitis and cataracts.
- Partly granted
The Board granted service connection for radiculopathy of the right lower extremity and a separate 20 percent rating for left knee instability, while denying increased ratings for both knees.
- Remanded (sent back)
The Veteran's appeal is being remanded due to the need for additional development and examination of his lumbar conditions, including radiculopathy. The TDIU claim prior to May 26, 2021, remains on hold as it is inextricably intertwined with the increased rating claims.
- Denied
The Veteran's claim for a higher rating for right knee disability and radiculopathy of the left lower extremity (LLE) was denied. The right knee disability is rated at 60 percent, effective December 30, 2022.
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