The Board has remanded the Veteran's claims for an evaluation in excess of 10 percent for his back disability and service connection for radiculopathy of both lower extremities due to lack of updated treatment records, insufficient examination results, and incomplete information from the Veteran.
The deciding factor: The VA examinations were not conducted as required by regulations (Correia and Sharp), resulting in incomplete assessment of the Veteran's condition.
- Claimed conditions
- mild degenerative disc disease with mechanical low back pain, mild scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 21, 2022
- Citation
- 22053597
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 22053597.
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 remanded the case due to inadequate examination and conflicting statements from the Veteran's brother regarding chiropractic treatment. The examiner is asked to address the nature of any back disabilities present during the appeal period, their etiology, and whether they are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error, and will need to provide a VA examination to determine if the Veteran's current lumbar spine disability is related to his military service.
- Remanded (sent back)
The Board has remanded the cases due to inconsistencies in the May 2019 VA examination report regarding muscle spasms and scoliosis, as well as the need for a VA examination to determine the current severity of the low back disability. The issues are also intertwined with the service connection claim.
- Remanded (sent back)
The Veteran's claim for increased ratings for her service-connected back disability is remanded due to the inadequacy of a previous VA examination in assessing additional functional loss during flare-ups.
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