The Veteran's claims for increased ratings for his lumbar spine degenerative arthritis, right and left lower extremity radiculopathy, and TDIU are remanded due to the need for additional development regarding range of motion findings.
The deciding factor: The VA examiner is requested to provide retrospective opinions on the range of motion findings from previous examinations to address concerns raised in prior remands.
- Claimed conditions
- lumbar spine degenerative arthritis status post L5-S1 laminectomy, right lower extremity (RLE) radiculopathy, left lower extremity (LLE) radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 27, 2023
- Citation
- 23024429
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 23024429.
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.
- Dismissed
The Veteran's appeals for earlier effective dates and increased ratings were dismissed as the appeal requests were not timely filed.
- Dismissed
The Veteran withdrew his appeal, so the Board dismissed it.
- Dismissed
The Veteran's appeals for increased disability ratings and service connection have been dismissed due to his withdrawal of the appeal.
- Granted
The Board granted the Veteran's claim for increased ratings for his service-connected chronic lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy in a May 2024 rating decision. The appellant is eligible to attorney fees based on past-due benefits awarded as a result of this decision.
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