The Board remands the issues of entitlement to increased ratings for a lumbosacral strain and bilateral lower extremity radiculopathy due to the need for additional development, including VA examinations that meet certain criteria.
The deciding factor: Remand is necessary because the February 2018 VA examination did not include joint testing for pain on both active and passive range of motion, as well as with weight-bearing and nonweight-bearing, in compliance with Correia v. McDonald, 25 Vet. App. 158 (2016).
- Claimed conditions
- lumbosacral strain, left lower extremity radiculopathy (sciatic nerve), left lower extremity radiculopathy (femoral nerve), right lower extremity radiculopathy (sciatic nerve), right lower extremity radiculopathy (femoral nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2024
- Citation
- 24000439
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 granted service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- Partly granted
The Board granted a 20 percent rating for right leg sciatica with radiculopathy pain and paresthesia, but denied increased ratings for PTSD, lumbosacral strain, left wrist limitation of motion with ganglion cyst, and service connection for headaches, unspecified. Several issues were remanded.
- Dismissed
The appeals for restoration of ratings and for a higher disability rating were dismissed as the April 2025 rating decision did not make final decisions on these issues.
- Partly granted
The Board denied a disability rating greater than 10 percent for tinnitus and a rating greater than 20 percent for lumbosacral strain, but granted a 20 percent rating for left lower extremity sciatic radiculopathy and right lower extremity sciatic radiculopathy.
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