The Board has denied a higher rating for right lower extremity radiculopathy and remanded the cases of left shoulder rotator cuff tear, lumbar arthritis, sinusitis, and deviated nasal septum. The Veteran's claims are now pending again due to incomplete medical examinations.
The deciding factor: Incomplete range of motion testing was conducted in some cases, which is a duty-to-assist error that requires the issuance of new medical opinions.
- Claimed conditions
- Right lower extremity radiculopathy, Left shoulder rotator cuff tear with degenerative changes, status post arthroscopic surgery, Lumbar arthritis, Sinusitis, Deviated nasal septum
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2023
- Citation
- A23036395
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 A23036395.
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.
- Denied
The Veteran's right lower extremity radiculopathy was evaluated at a 20 percent rating, and the Board found that it did not meet the criteria for a higher evaluation.
- Granted
The Veteran's sinusitis is currently rated at a noncompensable evaluation. The Board has granted a 30 percent evaluation for sinusitis as of February 19, 2021, based on the number and duration of incapacitating episodes requiring antibiotic treatment.
- Dismissed
The Board dismissed the Veteran's appeals for higher disability ratings in excess of 20 percent for cervical spine and lumbar spine conditions, left knee condition, right knee condition, and sinusitis. The Veteran was granted service connection for chronic laryngeal papillomatosis.
- Dismissed
The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.
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