The Veteran's lumbar radiculopathy and herniated disc at L5-S1 have been rated based on their severity, with the highest ratings assigned for the periods prior to October 27, 2021, and since that date. The Board has determined that additional development is needed due to a lack of compliance with VA examination requirements.,The Veteran's lumbar radiculopathy and herniated disc at L5-S1 have been rated based on their severity, with the highest ratings assigned for the periods prior to October 26, 2021, and since that date. The Board has determined that additional development is needed due to a lack of compliance with VA examination requirements.
The deciding factor: The May 2018 back examination did not comply with the requirements of Sharp v. Shulkin (29 Vet. App. 26 (2017)).
- Claimed conditions
- Lumbar radiculopathy, Herniated disc at L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 19, 2023
- Citation
- 23023052
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 23023052.
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 Board has granted service connection for DDD and central canal stenosis of the lumbar spine, finding that the appellant's current disability is at least as likely caused by his in-service injury.
- Denied
The Board denied the Veteran's request to extend his delimiting date for Chapter 33 education benefits, finding that he did not provide sufficient evidence of a physical or mental disability preventing him from initiating a program of education within one year of his May 2020 extension request.
- Denied
The Veteran's claim for increased ratings for his lumbar spine disability and left lower extremity radiculopathy was denied as the evidence did not show any additional functional loss or impairment beyond what is already accounted for by the current rating.
- Remanded (sent back)
The Board remands the claims for a cervical spine disability and lumbar spine disability as further development is needed to obtain an adequate medical opinion.
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