The Board has determined that the Veteran's lumbar strain with scoliosis, right lower extremity radiculopathy of the sciatic nerve, and left lower extremity radiculopathy of the sciatic nerve do not warrant evaluations in excess of their current ratings. The issues of service connection for a left knee disability, carpal tunnel syndrome, and heart disorder have been remanded due to lack of substantial compliance with prior remand instructions.
The deciding factor: The Veteran's lumbar strain with scoliosis does not meet the criteria for higher evaluations under the applicable rating criteria as his range of motion is within the limits that would warrant a higher evaluation. The issues of service connection have been remanded due to lack of substantial compliance with prior remand instructions.
- Claimed conditions
- lumbar strain with scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 19, 2023
- Citation
- 23016922
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 23016922.
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 70 percent disability rating for the veteran's unspecified depressive disorder with anxious distress and alcohol use disorder, while denying earlier effective dates and increased ratings for other conditions.
- Granted
The Veteran's service-connected disabilities, including major depressive disorder and lumbar strain with scoliosis, render him unable to secure or maintain a substantially gainful occupation.
- Denied
The Veteran's claim for service connection for bilateral hearing loss is denied as there is no evidence of a current disability.,The Veteran's claim for an initial rating in excess of 10 percent for tinnitus is denied as she is already receiving the maximum schedular disability rating for this condition.,The Veteran's claim for an initial rating in excess of 10 percent for lumbar strain with scoliosis is denied due to lack of evidence showing a current disability.
- Denied
The Veteran's initial claim for increased ratings was denied, with the exception of a grant of a 50% evaluation for migraine headaches effective from August 9, 2017. The remaining conditions were not granted higher evaluations.
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