The Veteran's claims for increased ratings for lumbar spine intervertebral disc syndrome with arthritis and radiculopathy of the left lower extremity are being remanded due to inadequate examinations and inaccuracies in the medical records.
The deciding factor: The VA examinations were not conducted within a year from the last examination, which is required by regulations. The Veteran's lay statements indicate worsening symptoms since his surgery, necessitating a new examination.
- Claimed conditions
- lumbar spine intervertebral disc syndrome (IVDS) with arthritis, r radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 27, 2023
- Citation
- 23024517
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 23024517.
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 service connection for sleep apnea and increased the disability ratings for lumbar and cervical spine IVDS with arthritis to 50% and 40%, respectively, from June 12, 2017.
- Granted
The Board has granted earlier effective dates of December 19, 2016 for service connection of radiculopathy of the left and right lower extremities.
- Remanded (sent back)
The Board has remanded the claims for additional development due to the need for a retrospective opinion regarding the Veteran's lumbar spine IVDS with arthritis and radiculopathy of the left lower extremity, as well as addressing his contentions of increased severity post back surgery.
- Dismissed
The Veteran's appeals for increased disability ratings and special monthly compensation were dismissed due to his death. The Board has no jurisdiction to adjudicate the merits of these claims as he died during their pendency.
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