The Veteran's service-connected lumbosacral strain with degenerative spurring L1 and L2, along with associated bilateral lower extremity radiculopathy, is remanded for further evaluation. The TDIU claim is also remanded as it is inextricably intertwined with the back disability issue.
The deciding factor: The VA examination report from April 2021 was inadequate and contradictory regarding functional loss during flare-ups and after repeated use over time, necessitating additional development to determine the current severity of the Veteran's condition.
- Claimed conditions
- lumbosacral strain with degenerative spurring L1 and L2, right lower extremity radiculopathy associated with lumbosacral strain with degenerative spurring L1 and L2, left lower extremity radiculopathy associated with lumbosacral strain with degenerative spurring L1 and L2
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 18, 2023
- Citation
- 23002969
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 23002969.
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 remanded the claims for right and left lower extremity radiculopathy, as well as lumbosacral strain with degenerative spurring L1 and L2. The Veteran's lumbar spine disability claim is also being remanded due to incomplete records from University of Utah Health Care.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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