The Board has remanded the Veteran's claims for an initial rating in excess of 40 percent for degenerative arthritis of the thoracolumbar spine, from August 1, 2018; prior to August 1, 2018; and for separate ratings in excess of 10 percent for left and right lower extremity radiculopathy. The remand is due to inadequate medical examinations used by the Board.
The deciding factor: The VA examiners did not adequately assess the Veteran's functional loss from flares, including based on his severity descriptions during flare-ups as required under Sharp v. Shulkin, and did not explain whether an inability to move the Veteran's back during flare-ups constituted functional ankylosis.
- Claimed conditions
- Degenerative arthritis of the thoracolumbar spine, Left lower extremity radiculopathy, Right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 26, 2023
- Citation
- 23040864
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 23040864.
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 effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- 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.
- 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.
- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
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