The Veteran's claims for increased ratings for his back, neck, and right knee disabilities are being remanded due to inadequate VA examinations. The VA must obtain updated medical opinions addressing the severity of these conditions without the ameliorative effects of medication.
The deciding factor: The VA examinations did not adequately address the functional limitations caused by pain and other associated symptoms without considering the ameliorating effects of medications, as instructed in the remand directives.
- Claimed conditions
- lumbar strain with degenerative disc disease, status post L5-S1 discectomy (back disability), left lower extremity radiculopathy affecting the sciatic nerve associated with the back disability, left lower extremity radiculopathy affecting the femoral nerve associated with the back disability, osteoarthritis of the cervical spine (neck disability), mild incomplete paralysis of the left radial nerve associated with the neck disability, right knee strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 10, 2023
- Citation
- 23044609
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 23044609.
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 Veteran's claims for service connection for left knee strain, right knee strain, shin splints of the right leg, and shin splints of the left leg are being remanded due to a failure to obtain VA examinations and medical nexus opinions.
- Dismissed
The Board dismissed the Veteran's appeal for service connection of a right ankle disorder.,The Board denied the Veteran's request for an earlier effective date for his service connection for gastroenteritis, lumbosacral strain, left lower extremity radiculopathy, right lower extremity radiculopathy, left ankle lateral collateral ligament strain, right knee strain and hemorrhoids. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of a lumbosacral strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of left lower extremity radiculopathy, sciatic nerve. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of right lower extremity radiculopathy, sciatic nerve. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of a left ankle lateral collateral ligament strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of right knee strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of hemorrhoids. The earliest effective date is December 5, 2018.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for bilateral hearing loss and left knee strain, and remanded the right knee strain claim.
- Remanded (sent back)
The Veteran's right shoulder disorder and right knee strain are being remanded for further examination to determine if they are caused or aggravated by his service-connected internal derangement of the left knee, considering whether obesity is a substantial factor in their development.
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