The Board denied an evaluation in excess of 10 percent for a painful scar of the lower lumbar spine and remanded several other claims related to the Veteran's thoracolumbar spine, right and left ankle disabilities, and sciatic nerve radiculopathy.
The deciding factor: The evidence did not support an increased rating for the lower lumbar spine painful scar due to its size and lack of instability. The claims for increased ratings for other disabilities were remanded for further examination as the previous VA examinations were found inadequate.
- Claimed conditions
- Degenerative arthritis with herniation of L5-S1 with severe lumbar spondylosis L5-S1 with left foraminal stenosis, Residuals of stress fractures and lateral collateral ligament (LCL) sprain, status post LCL repair of the right ankle, Residuals of a stress fracture of the left ankle, Right lower extremity (RLE) sciatic nerve radiculopathy, Left lower extremity (LLE) sciatic nerve radiculopathy, Painful scar of the lower lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 9, 2024
- Citation
- A24064515
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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