The Board has remanded the Veteran's claims for increased ratings for his service-connected back disability and associated radiculopathy due to deficiencies in prior VA examinations. The Veteran needs a new examination that addresses pain, functional loss during flare-ups, and where in the arc of motion pain begins.
The deciding factor: Prior VA examinations did not substantially comply with remand instructions regarding pain and functional loss during flare-ups.
- Claimed conditions
- residual back injury, raticulopathy of the right lower extremity involving the sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 27, 2024
- Citation
- 24009453
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 24009453.
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 has remanded the Veteran's claims for increased ratings for his service-connected back disability and radiculopathy due to inadequate examination findings. The Veteran will need a new VA examination to assess the current severity of his conditions.
- Remanded (sent back)
The Board has remanded the claims for higher ratings for residual back injury and radiculopathy of the right lower extremity associated with residual back injury due to inadequate examination findings regarding lumbar spine motion and flare-ups.
- Denied
The Board denied the Veteran's claim to reopen service connection for a residual back injury as new and material evidence was not submitted, and the evidence did not establish a link between his current condition and any event or injury in service.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the impact of his service-connected disabilities on his ability to secure and follow substantially gainful employment.
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