The Board has remanded the case for further development and adjudication of the increased rating claims, including obtaining private medical records from the Veteran's physician and requesting a completed VA Form 21-8940 for TDIU.
The deciding factor: The Board found that the VA did not fully comply with its duty to assist in obtaining private medical records and failed to address the issue of a total disability rating based on individual unemployability (TDIU).
- Claimed conditions
- degenerative arthritis of the lumbar spine, right lower extremity radiculopathy (sciatic nerve), right lower extremity radiculopathy (femoral nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2022
- Citation
- 22059725
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 22059725.
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 service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
- Remanded (sent back)
The Veteran's appeal is remanded due to inadequate VA examinations and a pre-decisional duty to assist error. Additional development is needed for service connection of carpal tunnel syndrome, increased ratings for lower extremity radiculopathies, and obtaining a VA TERA opinion.
- Dismissed
The Veteran's appeals for a higher rating, compensable rating, and extension of temporary total evaluation for his lumbar spine disability have been dismissed due to the Veteran withdrawing all claims in April 2022.
- Granted
The Veteran's lumbosacral strain with IVDS and associated radiculopathies of the left and right lower extremities are granted at a 40 percent rating prior to December 27, 2023, and denied for ratings in excess of this level from that date.
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