The Veteran's lumbar spine degenerative disc disease is currently rated at 40 percent, but the Board finds that it does not warrant a higher rating due to limited range of motion.,The Veteran's bilateral sciatic nerve radiculopathy is currently rated at 10 percent each side. The Board finds no basis for a higher rating as there is no evidence of moderate or severe incomplete paralysis.
The deciding factor: The Veteran’s lumbar spine disability does not meet the criteria for an increased evaluation beyond 40 percent due to limited range of motion, which does not reach the level required for favorable ankylosis (favorable ankylosis is defined as fixed in flexion or extension).
- Claimed conditions
- Lumbar Spine Degenerative Disc Disease, Radiculopathy of the Right Lower Extremity (Sciatic Nerve), Radiculopathy of the Left Lower Extremity (Sciatic Nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 23, 2023
- Citation
- 23053040
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 23053040.
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
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's PTSD is currently rated at 70 percent, and the Board has determined that his symptoms do not warrant a higher rating. The claims for increased ratings of lumbar spine disability, bilateral lower extremity radiculopathy, and TDIU are being remanded.
- Whole decision: Remanded (sent back)
The Board remands the claims for service connection and increased ratings for IBS, lumbar spine degenerative disc disease, and left knee iliotibial band friction syndrome with history of early medial and patellofemoral compartment arthritis to correct pre-decisional duty to assist errors.
- Whole decision: Denied
The Board denied the veteran's claims for earlier effective dates, higher ratings for PTSD, and service connection for various conditions, while remanding several service connection claims.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings and special monthly compensation, finding that the evidence did not support a higher rating or an earlier effective date.
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