The Board has remanded the claims for a rating in excess of 10 percent prior to June 1, 2014, and in excess of 40 percent from July 17, 2014, (exclusive of a period of assigned temporary total rating from May 8, 2013, to June 1, 2014) for service-connected lumbar degenerative joint and disc disease; a rating in excess of 10 percent prior to March 6, 2013, and in excess of 20 percent therefrom for right lower extremity (RLE) radiculopathy; a rating in excess of 10 percent prior to March 6, 2013, and in excess of 20 percent therefrom for left lower extremity (LLE) radiculopathy; and a TDIU prior to March 6, 2013. The remand requires obtaining current findings as to the severity of the Veteran's service-connected back disability with associated radiculopathy and retrospective medical findings.
The deciding factor: The Board found that the VA examinations did not substantially comply with the prior remand directives and ordered a new examination to ensure compliance with the requirements set forth in Chotta v. Peake, 22 Vet. App. 80 (2008).
- Claimed conditions
- lumbar degenerative joint and disc disease (back disability), right lower extremity radiculopathy, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2022
- Citation
- 22070043
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 22070043.
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.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
- 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.
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.