The Veteran's claim for increased ratings of his lumbar spine disability and left lower extremity sciatic radiculopathy was remanded. The Board found that a higher rating is not warranted at any time during the appeal period.
The deciding factor: The evidence did not show forward flexion of the thoracolumbar spine of 30 degrees or less, nor unfavorable ankylosis, which are required for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's symptoms were considered in determining that he did not meet criteria for a higher rating.
- Claimed conditions
- lumbar spine disability, left lower extremity sciatic radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2022
- Citation
- 22069793
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 22069793.
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, 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.
- Dismissed
The Veteran's appeal for a higher rating for right foot disability status post Mitchell's bunionectomy is granted with an effective date of July 25, 2023.,The Veteran's appeal for a higher rating for left foot disability status post Mitchell's bunionectomy is dismissed as it does not meet the criteria for an earlier effective date.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
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