The Board denied ratings in excess of 10 percent for radiculopathy affecting the left and right lower extremities, but remanded a claim for a rating in excess of 20 percent for lumbar spine disability.
The deciding factor: The evidence did not support a finding that the Veteran's radiculopathies were more than mild or that his lumbar spine disability warranted a higher rating; however, an inadequate VA examination necessitated remand for further evaluation.
- Claimed conditions
- Radiculopathy, left lower extremity, Radiculopathy, right lower extremity, Lumbar strain with degenerative disc disease of the lumbar spine, degenerative arthritis, and spinal stenosis (lumbar spine disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2024
- Citation
- A24063880
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.
- Dismissed
The appeal seeking service connection for diabetes mellitus, type II, degenerative arthritis, hyperlipidemia, and hypertension was dismissed due to non-compliance with claims processing rules.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions to correct pre-decisional duty to assist errors, including obtaining outstanding Social Security Administration records.
- Granted
The Board granted service connection for a right foot disability, diagnosed as degenerative arthritis, fibrocartilaginous calcaneonavicular with lateral cuneiform cuboid coalition, other unspecified right ankle disorder, and status post right foot fracture.
- Denied
The Board denied the Veteran's claim for a rating in excess of 40 percent for lumbosacral strain, finding that the evidence did not support a higher rating based on either incapacitating episodes or unfavorable ankylosis.
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