The Board remands the claims for an initial rating in excess of 10 percent prior to January 31, 2018, and in excess of 20 percent thereafter for a low back disability, and for an initial compensable rating prior to November 3, 2019, and in excess of 10 percent thereafter for radiculopathy of the left lower extremity.
The deciding factor: The VA examiner failed to comply with the Board's remand directive regarding the severity of the Veteran's lumbar stenosis, necessitating another remand for a retrospective opinion.
- Claimed conditions
- spinal stenosis (low back disability), radiculopathy of the left lower extremity (LLE)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2024
- Citation
- 24032382
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 claims for increased ratings pertaining to the Veteran's service-connected low back disability and associated radiculopathy of the LLE, except as noted for a 60 percent rating from December 2, 2023.
- Denied
The Board denied earlier effective dates for the grants of service connection and increased ratings for various disabilities.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 20 percent for cervical spine degenerative arthritis and disc disease with IVDS, radiculopathy of the RUE, LUE, lumbosacral strain with degenerative arthritis, LLE, and RLE.
- Remanded (sent back)
The Board denied an increased rating for tinnitus and remanded the claims for lumbar spine IVDS, radiculopathy of both lower extremities, service connection for a psychiatric disorder, and TDIU due to further development needed.
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