The Veteran's claims for increased ratings for his service-connected lumbar spine and radiculopathy conditions are being remanded due to the need for a new VA examination. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is also being remanded as it is inextricably intertwined with the claims for increased ratings.
The deciding factor: The Veteran's symptoms have worsened since his last VA examination, and further evaluation is needed to determine the current severity of his service-connected conditions.
- Claimed conditions
- Degenerative arthritis of the lumbar spine with intervertebral disc syndrome, Right lower extremity radiculopathy affecting the femoral nerve, Left lower extremity radiculopathy affecting the femoral nerve, Right lower extremity radiculopathy affecting the sciatic nerve, Left lower extremity radiculopathy affecting the sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 29, 2023
- Citation
- 23062952
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 23062952.
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.
- Partly granted
The Board granted service connection for degenerative arthritis of the lumbar spine with intervertebral disc syndrome and denied an initial compensable disability rating for tinea pedis of the right foot.
- Denied
The Board denied increased ratings for the Veteran's service-connected disabilities and denied service connection for additional claimed conditions.
- Granted
The Veteran's service-connected degenerative arthritis of the lumbar spine with intervertebral disc syndrome is granted an increased rating to 40 percent, and no higher, as of May 4, 2021. The Veteran is also granted a total disability rating based upon individual unemployability (TDIU) and special monthly compensation at the '(l)' rate.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 20 percent for degenerative arthritis of the lumbar spine with intervertebral disc syndrome to correct pre-decisional duty to assist errors.
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