The Board has found that there has not been substantial compliance with its remand orders and thus, the Veteran's claims for increased ratings for lumbar degenerative disc (DDD) and bilateral lower extremity radiculopathy are being remanded due to a lack of examination. Additionally, the TDIU claim is also being remanded as it is inextricably intertwined with the back and radicular symptoms issues.
The deciding factor: The Board found that there has not been substantial compliance with its previous orders regarding examinations for the Veteran's service-connected lumbar degenerative disc (DDD) and bilateral lower extremity radiculopathy, leading to remand of these claims. The TDIU claim is also being remanded as it is inextricably intertwined with the back and radicular symptoms issues.
- Claimed conditions
- lumbar degenerative disc (DDD), left lower extremity radiculopathy, right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 5, 2023
- Citation
- 23064453
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 23064453.
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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- 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.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
- Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
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