The Board has remanded the Veteran's claims for increased ratings for his thoracic spine disability and radiculopathy of both lower extremities due to scheduling issues. The case will be returned to the RO for further development.
The deciding factor: Scheduling issues prevented the completion of necessary examinations, which are required to determine the appropriate rating for the Veteran's disabilities.
- Claimed conditions
- Degenerative disc disease (DDD) and degeneration joint disease (DJD) of the thoracic spine, Radiculopathy of the right lower extremity (RLE), Radiculopathy of the left lower extremity (LLE)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 19, 2022
- Citation
- 22058630
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 22058630.
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.
- Granted
The Board has granted an initial disability rating of 20 percent for radiculopathy of the right lower extremity and left lower extremity, finding moderate incomplete paralysis of the sciatic nerves.
- Denied
The Board denied the Veteran's claims for increased ratings for his back disability and radiculopathy of both lower extremities, finding that the evidence did not support a higher rating based on current functional impairment or incapacitating episodes.
- Partly granted
The Board granted an initial 70 percent rating for PTSD with TBI, a 20 percent rating effective July 13, 2023 for degenerative arthritis of the thoracolumbar spine and thoracic disc degeneration, and a separate 10 percent rating effective July 13, 2023 for radiculopathy of the right lower extremity. The Board denied higher ratings for cervical spine conditions, bilateral upper extremity radiculopathy, and other conditions including hearing loss, fractured finger, and deviated nasal septum, while remanding two issues for further consideration.
- Denied
The appeal for an initial rating in excess of 10 percent left peroneal nerve impairment and the propriety of separate ratings for radiculopathy of the right and left lower extremities were denied.
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.