The Board has remanded several issues related to the Veteran's service-connected degenerative arthritis of the lumbar spine, bilateral lower extremity radiculopathy, and associated neurological manifestations due to inadequate discussion in the January 2021 decision. The remand also includes adjudication of TDIU, DEA, and SMC issues.
The deciding factor: The Board found that the January 2021 decision lacked adequate discussion regarding functional loss due to flare-ups including weakness, fatigability, incoordination, or pain on movement, as well as associated neurological manifestations. The remand directs a VA retrospective medical opinion for these factors.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Right leg sciatic radiculopathy, Left leg sciatic radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2023
- Citation
- 23058781
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 23058781.
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 Veteran's claim for increased ratings for degenerative arthritis of the cervical spine and lumbar spine was granted with effective dates of May 13, 2019.
- Granted
The Veteran's degenerative arthritis of the lumbar spine was diagnosed during service and has continued since then. The Board granted service connection for this condition based on continuity of symptomatology.
- Granted
The Board has determined that the Veteran's low back disability, diagnosed as degenerative arthritis of the lumbar spine, is related to service and granted service connection for this condition.
- Remanded (sent back)
The Veteran's appeal is remanded due to inadequate examinations and the need for a retrospective opinion regarding the severity of his service-connected lumbar spine disability.
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