The Veteran's low back disability is rated at 40 percent effective April 14, 2022. Bilateral lower extremity radiculopathy is also rated at 20 percent effective April 14, 2022.
The deciding factor: The evidence shows that the Veteran's low back disability has resulted in forward flexion limited to at least 30 degrees since April 14, 2022, which meets the criteria for a 40 percent rating under the applicable VA rating schedule. Bilateral lower extremity radiculopathy is rated at 20 percent effective April 14, 2022, based on moderate incomplete paralysis.
- Claimed conditions
- Low Back Disability (Degenerative Joint Disease with Intervertebral Disc Syndrome), Bilateral Lower Extremity Radiculopathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 1, 2023
- Citation
- 23006593
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 23006593.
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 Veteran's service-connected degenerative arthritis of the cervical spine, lumbar disc disease, bilateral lower extremity radiculopathy, bilateral knee strains, residuals of a left ankle concussion, and bilateral pes cavus are found to be related to his obstructive sleep apnea. His claim for restoration of a 30 percent evaluation for degenerative arthritis of the cervical spine is granted.
- Denied
The Board denied the appellant's eligibility for direct payment of fees from past due benefits awarded in a July 2024 rating decision granting an increased PTSD rating and TDIU.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased rating and service connection due to alleged errors in the May 2021 VA examination, including failure to conduct range of motion testing. The AOJ is instructed to obtain an addendum VA medical opinion addressing the severity of the Veteran's back disability throughout the appeal period and a VA examination regarding bilateral lower extremity radiculopathy.
- Remanded (sent back)
The Veteran's service-connected disabilities, including PTSD, lumbar spine disability, and bilateral lower extremity radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board finds that the VA examination provided in July 2024 is internally inconsistent and requires further clarification.
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.