The Board remands the claims for increased ratings for service-connected low back disability and bilateral lower extremity radiculopathy due to inadequate VA examinations.
The deciding factor: The April 2024 VA examinations were found inadequate due to internal inconsistencies, speculative conclusions, and failure to provide retrospective opinions as ordered by the Board.
- Claimed conditions
- Low back disability (lumbar spondylolisthesis L5-S1, intervertebral disc syndrome), Left lower extremity radiculopathy, Right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2024
- Citation
- 24032790
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 Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied increased ratings for various disabilities and granted earlier effective dates for service connection of scars, but denied an earlier effective date for individual unemployability.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
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