The Veteran's claim for increased ratings and effective dates has been decided.,Service connection for TMJ is remanded, and the issue of CUE in the November 2011 rating decision regarding lumbar spine disability is referred to the RO.
The deciding factor: The issues have not been fully adjudicated due to the need for additional clarification on service connection for TMJ and the referral of the CUE claim.,There was no clear and unmistakable error in the January 1996 rating decision, but the November 2011 rating decision is under review.
- Claimed conditions
- Degenerative arthritis of the lumbar spine with spinal stenosis, Degenerative arthritis of the cervical spine, Right lower extremity radiculopathy of the sciatic nerve, Left lower extremity radiculopathy of the sciatic nerve, Right lower extremity radiculopathy of the femoral nerve, Left lower extremity radiculopathy of the femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2022
- Citation
- 22064633
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 22064633.
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.
- Partly granted
The Veteran was granted a 40% rating for his low back condition and a 60% rating for left lower extremity radiculopathy of the sciatic nerve, while other claims were denied.
- Partly granted
The Board granted an initial disability rating of 30 percent for degenerative arthritis of the cervical spine but denied a total disability rating based on individual unemployability (TDIU).
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Denied
The Board denied the veteran's appeals for increased ratings and remanded certain issues, including TDIU and SMC.
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.