The Board remands the issues of entitlement to increased ratings for cervical spondylosis, lumbar spondylosis and lumbar facet joint syndrome, right upper extremity cervical radiculopathy, left upper extremity radiculopathy, left lower extremity lumbar radiculopathy (sciatic nerve), right lower extremity lumbar radiculopathy (sciatic nerve), left lower extremity lumbar radiculopathy (femoral nerve), and right lower extremity lumbar radiculopathy (femoral nerve) for further development, as well as the issue of entitlement to TDIU prior to August 10, 2010.
The deciding factor: The examination reports are unclear regarding functional loss with repeated use over time and during flare-ups, and do not address whether there is evidence of the functional equivalent of ankylosis or significant radicular symptoms prior to July 2014.
- Claimed conditions
- cervical spondylosis, lumbar spondylosis and lumbar facet joint syndrome, right upper extremity cervical radiculopathy (lower radicular group), left upper extremity radiculopathy, left lower extremity lumbar radiculopathy (sciatic nerve), right lower extremity lumbar radiculopathy (sciatic nerve), left lower extremity lumbar radiculopathy (femoral nerve), right lower extremity lumbar radiculopathy (femoral nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2024
- Citation
- 24004775
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 earlier effective dates for TDIU and DEA, but denied increased ratings for various service-connected conditions.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
- Granted
The Board granted an initial rating of 50 percent for right upper extremity radiculopathy and 40 percent for left upper extremity radiculopathy.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including a back condition, right and left lower extremity sciatic nerve radiculopathy, neck condition, upper extremity radiculopathy, bilateral flatfoot, right foot plantar fasciitis, and right ankle pain, as the current evidence is inadequate to make a decision.
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