The Board has reopened the Veteran's claim for service connection for a lumbar disorder due to new and material evidence received since the final December 2011 rating decision. The Veteran is currently rated at 70 percent for unspecified depressive disorder from April 24, 2015, but his radiculopathy of the right lower extremity and left lower extremity remain at 40 percent.,The Board has remanded issues regarding service connection for a lumbar disorder, radiculopathy of the right and left lower extremities, and an effective date earlier than March 5, 2013.
The deciding factor: New evidence received since the final December 2011 rating decision raised the possibility of substantiating the Veteran's claim for service connection for a lumbar disorder.
- Claimed conditions
- lumbar disorder, urinary disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2023
- Citation
- 23002119
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 23002119.
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.
- Remanded (sent back)
The Board has granted service connection for bilateral pes planus. The Veteran's lumbar disorder and bilateral lower extremity radiculopathy are now secondary to his service-connected diabetes mellitus, type II. However, the Board finds that he may be entitled to service connection for a lumbar disorder and bilateral lower extremity radiculopathy as due to his bilateral pes planus. The case is remanded for further action.
- Granted
The Board has granted service connection for tinnitus and has remanded the remaining issues due to a duty-to-assist error.
- Remanded (sent back)
The Board has remanded two issues: the initial rating for a lumbar disorder and the initial rating for right lower extremity radiculopathy. The remand is due to inconsistencies in the VA examination report, particularly regarding range of motion during flare-ups.
- Remanded (sent back)
The Board has remanded several issues related to the Veteran's service connection claims and earlier effective dates for various disabilities, including erectile dysfunction, migraines, hip disorders, lower extremity disorders, and tinnitus.
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