The Board remands the claims for increased ratings for a lumbar spine disability, residual scars, and bilateral lower extremity radiculopathy to obtain an adequate medical examination addressing the Veteran's functional loss during flare-ups and after repeated use over time.
The deciding factor: The November 2020 VA examination was found inadequate as it did not adequately address the Veteran's reports of functional loss during flare-ups and after repeated use, which is required for a proper evaluation under the rating criteria.
- Claimed conditions
- Degenerative disc disease (DDD) with L5-S1 disc protrusion, Residual scars associated with DDD with L5-S1 disc protrusion, Right lower extremity (RLE) sciatic nerve radiculopathy, Left lower extremity (LLE) sciatic nerve radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2024
- Citation
- 24033039
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 remands the issues of entitlement to higher disability ratings for lumbar spine and bilateral lower extremity radiculopathy disabilities, as well as effective dates for TDIU and DEA, due to non-compliance with prior remand directives.
- Granted
The Board granted the restoration of a 20% rating for lumbar spine disability and service connection for right and left lower extremity sciatic nerve radiculopathy, while denying service connection for vertigo.
- Denied
The Board denied increased ratings for the lumbar spine disability, residual scars associated with the lumbar spine disability, and radiculopathy of both lower extremities.
- Partly granted
The Board granted a 40% rating for bilateral lower extremity sciatic nerve radiculopathy and TDIU, but denied increased ratings for the back condition, lumbar scar, and other hip conditions.
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