The Board has remanded the claims for a rating higher than 20 percent for a lumbar spine disorder prior to June 5, 2017 and a TDIU prior to December 1, 2015 due to inadequate compliance with previous remands. The Veteran's lumbar spine disability must be assessed retrospectively for the period prior to June 5, 2017, including range of motion estimates.
The deciding factor: The Board found that the previous VA examinations did not contain the requested retrospective range-of-motion estimates and failed to provide an adequate statement of reasons or bases for a TDIU determination.
- Claimed conditions
- lumbar spine disorder, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2023
- Citation
- 23026913
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 23026913.
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 Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for various hip and lower extremity disorders, including as secondary to a lumbar spine disorder. The case is being returned to the AOJ for further action.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
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