The Board has remanded the Veteran's claims for increased ratings for his back disability and right and left leg radiculopathy due to inadequate consideration of retroactive range of motion studies, failure to consider the ameliorative effects of medications, and inapplicability of Correia v. McDonald.
The deciding factor: The Board found that the September 2020 decision did not comply with the Joint Motion for Partial Remand (JMPR) and remanded the claims due to inadequate consideration of retroactive range of motion studies, failure to consider the ameliorative effects of medications, and inapplicability of Correia v. McDonald.
- Claimed conditions
- lumbar spine degenerative arthritis, right leg radiculopathy, left leg radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 8, 2022
- Citation
- 22062614
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 22062614.
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 granted service connection for lumbar spine degenerative arthritis, recurrent right and left shoulder rotator cuff tear residuals, right and left total knee replacement residuals, and right and left foot plantar fasciitis and heel spurs.
- Partly granted
The Board granted service connection for cervical and lumbar spine degenerative disc disease, left elbow sprain, right elbow enthesophyte, left knee strain and enthesophyte, right knee strain, and right leg radiculopathy but denied service connection for an acquired psychiatric disorder, including PTSD.
- Dismissed
The Board dismissed the appeal for restoration of a 40 percent rating for lumbar spine degenerative arthritis and a 20 percent rating for lower left extremity radiculopathy as the ratings were restored in an April 30, 2025 Higher-Level Review (HLR) rating decision.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, left and right lower extremity radiculopathies, left and right hip pain, right knee degenerative arthritis, generalized anxiety disorder, and depressive disorder.
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.