The Board remands the Veteran's claims for increased ratings in excess of 40 percent and 20 percent for spinal stenosis and bilateral lower extremity radiculopathy, respectively, to obtain a new VA examination that adequately assesses the severity of the Veteran's conditions.
The deciding factor: The previous examinations did not provide the required range of motion findings related to pain as instructed in the Board's remand instructions, necessitating a new examination.
- Claimed conditions
- spinal stenosis, left lower extremity radiculopathy of the femoral nerve, right lower extremity radiculopathy of the femoral nerve, left lower extremity radiculopathy of the sciatic nerve, right lower extremity radiculopathy of the sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2024
- Citation
- 24001814
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.
- Denied
The Board denied the Veteran's appeal for an earlier effective date for service connection for right lower extremity radiculopathy of the sciatic nerve, as August 21, 2023, is the earliest possible effective date based on VA receiving the claim.
- Partly granted
The Board granted service connection for obstructive sleep apnea and voiding dysfunction as residuals of a stroke, and granted initial ratings for the back disability, left shoulder disability, and left lower extremity radiculopathy. The claims for earlier effective dates for hypertension and stroke were denied.
- 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.
- Partly granted
The Board restored the 60% rating for degenerative arthritis and IVDS of the lumbar spine, status post fusion, with stenosis and spondylolisthesis. The claims for increased ratings for bilateral lower extremity radiculopathies were denied.
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