The Board remands the issues of entitlement to increased ratings for a back disability and left lower extremity radiculopathies due to the need for an updated VA examination.
The deciding factor: The current evidence does not adequately reflect the Veteran's current level of impairment, necessitating additional testing and examination.
- Claimed conditions
- Degenerative arthritis of the lumbar spine with intervertebral disc syndrome (IVDS), spinal stenosis, status-post lumbar laminectomy and spinal fusion, Left lower extremity radiculopathy of the sciatic nerve associated with degenerative arthritis of the lumbar spine, Left lower extremity radiculopathy of the femoral nerve associated with degenerative arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2024
- Citation
- 24001655
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.
- Remanded (sent back)
The Board remands the claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
- Denied
The Board denied the Veteran's claim for a rating in excess of 40 percent for lumbosacral strain, finding that the evidence did not support a higher rating based on either incapacitating episodes or unfavorable ankylosis.
- Partly granted
The Board granted readjudication of the claim for service connection for a right hip disability, to include as secondary to a service-connected right knee disability, and denied an effective date prior to June 8, 2022, for the award of service connection for spinal stenosis, right lower extremity sciatic radiculopathy, and left lower extremity sciatic radiculopathy.
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