The Veteran's lumbar spine disability was previously rated at 20 percent prior to December 6, 2021 and increased to 40 percent thereafter. The claim for a higher rating remains denied.,The Veteran's right lower extremity radiculopathy is currently rated at 10 percent. A new examination is needed to determine the appropriate disability rating.,TDIU was remanded due to evidence suggesting unemployability.
The deciding factor: The current ratings for the lumbar spine disability do not meet the criteria for a higher rating based on the provided medical evidence, which does not show ankylosis or other factors that would warrant such a rating.,There are conflicting findings regarding the presence of radiculopathy. A new examination is needed to clarify this issue and determine if the Veteran's symptoms justify a higher disability rating for right lower extremity radiculopathy.,The evidence suggests that the Veteran may be unemployable due to her service-connected disabilities, warranting further consideration.
- Claimed conditions
- lumbar spine disability, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 14, 2022
- Citation
- 22068825
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 22068825.
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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
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