The Board has remanded the Veteran's appeal for additional development due to deficiencies in a December 2020 VA spine examination, including inadequate range-of-motion testing and failure to address functional ankylosis of the thoracolumbar spine. The issues related to radiculopathy of the bilateral sciatic and femoral nerves are also remanded as there is inconsistency regarding when these symptoms first manifested.
The deciding factor: The December 2020 VA examination was inadequate for assessing the Veteran's service-connected low back disability and radiculopathy due to its failure to address functional ankylosis of the thoracolumbar spine and inconsistencies in the medical evidence regarding the date of initial onset of femoral nerve symptoms.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Radiculopathy of the right sciatic nerve prior to August 11, 2015, Radiculopathy of the left sciatic nerve prior to August 11, 2015, Radiculopathy of the right femoral (anterior crural) nerve prior to December 29, 2020, Radiculopathy of the left femoral (anterior crural) nerve prior to December 29, 2020
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 28, 2023
- Citation
- 23041777
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 23041777.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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