The Board has remanded the Veteran's claims for an increased rating for degenerative disc disease of the lumbar spine and a separate rating for left lower extremity radiculopathy due to new evidence indicating worsening symptoms since the last examination.
The deciding factor: The Board found that there was insufficient explanation in its previous decision regarding why the Veteran's forward flexion did not more closely approximate 30 degrees or less, which would warrant a higher rating. Additionally, the MRI report noted lower extremity paresthesia, and treatment records from VA were missing.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 16, 2023
- Citation
- 23009934
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 23009934.
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 Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- Dismissed
The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.
- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
- Denied
The Veteran's claims for service connection for headaches and lumbar spine disability, as well as left and right lower extremity radiculopathy, were denied. The effective dates for these conditions are also denied.
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