The Board has remanded the case due to insufficient information provided by VA examiners regarding the Veteran's back disability, right and left lower extremity peripheral neuropathy, and femoral radiculopathy. The examiners did not address whether pain significantly limited functional ability with flare-ups or if symptoms resulted in ankylosis.
The deciding factor: The Board found that the provided evidence was insufficient to determine the extent of the Veteran's disability due to lack of information regarding flare-ups, pain levels, and the presence of ankylosis.
- Claimed conditions
- Post-operative, lumbar spine microdiscectomy residuals (times 2), Herniated nucleus pulposus, Degenerative instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2022
- Citation
- 22060032
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 22060032.
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 Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Granted
The Veteran's claim for SMC based on being housebound is denied, while his claim for SMC based on the need for regular aid and attendance of another person is granted. The decision also notes that the Veteran requires assistance from his wife and son to perform daily living activities due to his service-connected disabilities.
- Denied
The Board denied the Veteran's claim for a Total Disability Rating Based on Individual Unemployability (TDIU) prior to January 17, 2018, finding that his service-connected conditions did not preclude him from securing and following substantially gainful employment.
- Denied
The Veteran's claim for a higher rating for his service-connected low back disability was denied. The Board found that the evidence did not support a rating in excess of 20 percent.
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.