The appeal is remanded for further evidentiary development, including obtaining updated medical records and a new examination to assess the severity of the Veteran's lumbar spine and related neurological disabilities.
The deciding factor: The December 2019 VA examination report did not comply with the criteria for range of motion testing for a musculoskeletal disability, as required by Correia v. McDonald, 28 Vet. App. 158 (2016), and Mitchell v. Shinseki, 25 Vet. App. 32, 44 (2011).
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Radiculopathy of the right lower extremity, sciatic nerve, Radiculopathy of the left lower extremity, sciatic nerve (LLE radiculopathy), Femoral nerve RLE radiculopathy, Femoral nerve LLE radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2023
- Citation
- 23001137
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 a lumbar spine disability, finding that the Veteran's current degenerative arthritis of the lumbar spine is related to an in-service bicycle accident.
- 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.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Remanded (sent back)
The Board remands the claim for an initial rating in excess of 10 percent for degenerative arthritis of the lumbar spine to correct a duty to assist error.
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