The Veteran's lumbar spine disability is rated at 40 percent, but no higher. The Board finds that the evidence does not meet the criteria for a rating higher than 40 percent due to lack of unfavorable ankylosis.,The VA examination report regarding bilateral lower extremity radiculopathy was inadequate and must be remanded to obtain a new evaluation.
The deciding factor: The Veteran's lumbar spine disability does not meet the criteria for a higher rating as there is no evidence of unfavorable ankylosis.,The VA examination report regarding bilateral lower extremity radiculopathy was inadequate and must be remanded to obtain a new evaluation.
- Claimed conditions
- lumbar spine disability, left lower extremity femoral nerve radiculopathy, right lower extremity femoral nerve radiculopathy, left lower extremity sciatic nerve radiculopathy, right lower extremity sciatic nerve radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 20, 2024
- Citation
- A24047920
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 A24047920.
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.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
- Remanded (sent back)
The Board has granted service connection for tinnitus. Service connection is being remanded for the lumbar spine disability and right knee and calf disabilities.
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