The Board has remanded several claims, including those for increased ratings and TDIU. The Veteran's lumbar spine disability is the primary focus of these remands.
The deciding factor: The Board found that additional development was needed to assess the current severity of the Veteran's lumbar spine disabilities and associated radiculopathies due to his failure to appear for a VA examination scheduled in conjunction with an original claim.
- Claimed conditions
- radiculopathy of the left lower extremity, sciatic distribution, radiculopathy of the right lower extremity, sciatic distribution, radiculopathy of the right lower extremity, femoral distribution, radiculopathy of the left lower extremity, femoral distribution, degenerative disc and joint disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2023
- Citation
- 23057994
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 23057994.
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.
- Denied
The Board denied the Veteran's claim for an effective date prior to February 8, 2023 for the grant of a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) because it is not factually ascertainable that his service-connected conditions caused him to become unemployable within one year before filing the claim.
- Granted
The Veteran is granted special monthly compensation (SMC) at the intermediate rate between the (m) and (n) rates based on his service-connected conditions.
- Remanded (sent back)
The Board remands multiple claims for higher initial ratings and other benefits due to the need for additional development, including an examination regarding atrophy in the Veteran's legs.
- Remanded (sent back)
The Board remands the claim for a VA opinion to address whether the Veteran's lumbar spine disability manifested in the functional equivalent of unfavorable ankylosis during flare-ups.
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