The Board has remanded the claims for higher ratings for residual back injury and radiculopathy of the right lower extremity associated with residual back injury due to inadequate examination findings regarding lumbar spine motion and flare-ups.
The deciding factor: The examination did not provide sufficient detail on the degree of lumbar spine motion at which observed pain began, nor did it address the Veteran's reports of flare-ups causing him to be unable to move.
- Claimed conditions
- residual back injury, radiculopathy of the right lower extremity involving the sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 3, 2023
- Citation
- 23007231
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 23007231.
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.
- Partly granted
The Board granted a temporary total evaluation for the service-connected lumbar spine disability requiring convalescence from July 20, 2018, to August 31, 2018. The Board also granted initial ratings of 20 percent for radiculopathy of the right and left lower extremities involving the sciatic nerve until certain dates, denied higher ratings, and granted a 50 percent rating for the lumbar spine disability starting September 1, 2018.
- Remanded (sent back)
The Board remands the claims for further development and to correct pre-decisional duty-to-assist errors.
- Remanded (sent back)
The Board remands the claims for service connection for a right knee disability and an initial rating in excess of 20 percent for herniated disc at L4-L5, as well as related radiculopathy claims, to obtain additional evidence.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for his service-connected back disability and radiculopathy due to inadequate examination findings. The Veteran will need a new VA examination to assess the current severity of his conditions.
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