The Veteran's claims for service connection for a lumbar spine disability and sciatica of the left lower extremity, to include as secondary to a lumbar spine disability, are remanded due to insufficient evidence in the April 2005 rating decision. The Board requires an addendum opinion from an appropriate clinician regarding whether it is at least as likely as not that the Veteran's current disabilities began during active service or were noted during service with continuity of symptomatology.
The deciding factor: The VA examiner’s opinion in the April 2005 rating decision was inadequate due to its failure to consider all instances of lumbar spine pain documented in the Veteran's service treatment records and his lay statements regarding the onset of his symptoms.
- Claimed conditions
- lumbar spine disability, sciatica of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2023
- Citation
- 23055768
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 23055768.
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 service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
- Remanded (sent back)
The Board has granted service connection for tinnitus. Service connection is being remanded for the lumbar spine disability and right knee and calf disabilities.
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