The Board has remanded the claims for increased ratings and TDIU due to inadequate VA examinations, specifically regarding the Veteran's low back disability and right lower extremity radiculopathy. The issues are inextricably intertwined with the high rating claim for the low back disability.
The deciding factor: The examination reports were found to be inadequate for adjudication purposes and did not address the Veteran's flare-ups properly, which could significantly impact the increased ratings for his right lower extremity radiculopathy.
- Claimed conditions
- lumbosacral strain with degenerative disc changes (low back disability), radiculopathy of the right lower extremity sciatic nerve, radiculopathy of the right lower extremity obturator nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2023
- Citation
- 23022605
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 23022605.
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 traumatic arthritis of the spine with degenerative disc disease, IVDS, spinal stenosis, and disc herniation is rated at 40 percent. The effective date for this rating remains pending as it was granted in a September 2023 decision.
- Granted
The Board has granted service connection for radiculopathy of the left and right lower extremity sciatic nerve as secondary to service-connected lumbar disability, and for left knee strain. The Veteran's claims are remanded for additional examinations and opinions regarding chronic fatigue with memory loss (CFS) and right knee disability.
- Remanded (sent back)
The Board has remanded the claims for ratings in excess of 10 percent for radiculopathy of the right and left lower extremity sciatic and femoral nerves due to a duty to assist error regarding private treatment records.
- Partly granted
The Board granted an effective date of July 30, 2021, for the grant of service connection for hypertension and dismissed claims for earlier effective dates for other conditions.
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