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
- Not verified here — check the original decision
- 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. Read the original VA decision (opens in a new tab) using citation 23006593.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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.
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