The Board remands the case for further development to obtain additional information and an addendum opinion regarding the Veteran's back disability and right lower extremity radiculopathy.
The deciding factor: The VA examinations did not adequately address the ameliorative effects of pain medications on range of motion findings, nor did they consider the functional equivalent of ankylosis during flare-ups.
- Claimed conditions
- Residuals of a fracture of the L2 vertebra with chronic low back pain, Right lower extremity (RLE) radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2024
- Citation
- 24001297
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 an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
- Partly granted
The Board granted an effective date of April 10, 2015, for the grant of service connection for left lower extremity radiculopathy and granted initial ratings of 40 percent for both right and left lower extremity radiculopathy from April 10, 2015, to June 1, 2020.
- Dismissed
The appeal was dismissed due to untimely filing of the Notice of Disagreement (NOD) for claims related to an increased rating and service connection, as well as lack of jurisdiction over a previously granted claim for sinusitis.
- Partly granted
The Board granted a 40 percent rating for degenerative disc disease (DDD) with degenerative arthritis and retrolisthesis from February 16, 2021. Other claims were denied.
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