The Board has remanded the claims for a disability rating in excess of 10 percent, from December 26, 2007, to July 17, 2013, for lumbosacral strain with degenerative disc disease; for a rating in excess of 40 percent, from July 18, 2013, for lumbosacral strain with degenerative disc disease; for a rating in excess of 10 percent, from July 18, 2013, to January 6, 2021, for radiculopathy of the right lower extremity; and for a rating in excess of 20 percent, as of January 7, 2021, for radiculopathy of the right lower extremity.
The deciding factor: The Board found that the prior remand instructions were not substantially complied with due to Stegall violations and agreed to remand for a new medical opinion.
- Claimed conditions
- lumbosacral strain with degenerative disc disease, radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 23, 2023
- Citation
- 23057283
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 23057283.
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 lumbosacral strain with degenerative disc disease, headaches, an acquired psychiatric disorder (other specified trauma and stressor related disorder and PTSD), and Parkinson's disease. The conditions are presumed to be due to exposure in service.,Service connection is established for all four claimed conditions.
- Granted
The Board has granted service connection for lumbosacral strain with degenerative disc disease and right lower extremity radiculopathy affecting the sciatic nerve, effective January 12, 2024. Attorney fees are eligible based on past due benefits awarded in this decision.
- Dismissed
The Board has dismissed all service connection claims and rating determinations due to the Veteran's withdrawal of his appeal.
- Remanded (sent back)
The Board has remanded the claims for service connection for low back disability and radiculopathy of the bilateral lower extremities due to a failure to provide adequate reasons or bases in the November 2024 decision as to whether the pre-decisional duty to assist had been satisfied.
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