The Board remands the issues for a new VA examination to determine the current severity of the Veteran's lower back disability and corresponding radiculopathy, as well as to consider the impact on the Veteran's employability.
The deciding factor: The 2018 examination was found inadequate due to outdated information and lack of flare-up analysis, necessitating a new evaluation.
- Claimed conditions
- status post hemilaminectomy and discectomy, herniated nucleus pulposus L4-L5, right lower extremity sciatic radiculopathy associated with status post hemilaminectomy and discectomy, herniated nucleus pulposus L4-L5, left lower extremity sciatic radiculopathy associated with status post hemilaminectomy and discectomy, herniated nucleus pulposus L4-L5
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2024
- Citation
- 24000289
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 a TDIU effective October 13, 2010, based on the Veteran's service-connected disabilities. The effective date is later than when his total disability was first factually ascertainable.
- Granted
The Board has determined that the Veteran's lumbar L4-L5 herniated nucleus pulposus, status post hemilaminectomy and discectomy is related to service. The evidence is in equipoise as to whether this condition began during active duty.
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