The Board has remanded the Veteran's claims for increased ratings for his service-connected degenerative disc disease with IVDS of the thoracolumbar spine and associated lower extremity radiculopathies due to issues related to the adequacy of medical examinations and whether the Board had jurisdiction over the radiculopathy rating issues.
The deciding factor: The Joint Motion directed attention to significant caselaw regarding the Board's jurisdiction over the Veteran's claims for increased ratings for bilateral lower extremity radiculopathies as part of his appeal seeking an increased rating for a back disability, and found error in the Board's failure to address these issues.
- Claimed conditions
- Degenerative disc disease with intervertebral disc syndrome (IVDS) of the thoracolumbar spine, Left lower extremity sciatic radiculopathy, Right lower extremity sciatic radiculopathy, Left lower extremity femoral radiculopathy, Right lower extremity femoral radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 31, 2023
- Citation
- 23041846
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 23041846.
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 claims for increased ratings for right and left lower extremity femoral radiculopathy were denied as his disability did not more nearly approximate severe incomplete paralysis during the review period.
- Granted
Effective dates of June 4, 2022 are granted for service connection for unspecified anxiety disorder, lumbosacral strain with degenerative arthritis and disc disease, IVDS, spondylosis, scoliosis and healed compression fracture of T7, right lower extremity sciatic radiculopathy, and right lower extremity femoral radiculopathy.,Effective date of October 5, 2023 is granted for service connection for gastroesophageal reflux disease (GERD).
- Granted
The Veteran is granted a TDIU due to his service-connected disabilities preventing him from obtaining and maintaining substantially gainful employment.
- Granted
The reduction of the Veteran's evaluation for his back disability from 60 percent to 40 percent was improper, and the appeal is granted. The rating in excess of 60 percent for a back disability is denied. The ratings in excess of 20 percent for right lower extremity radiculopathy and left lower extremity radiculopathy are also denied.
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