The Board remands the issues of higher disability evaluations for lumbar spine intervertebral disc syndrome and associated radiculopathy, as well as entitlement to a TDIU prior to January 14, 2022, due to insufficient medical evidence regarding the effects of medication on the severity of the Veteran's conditions.
The deciding factor: The Board finds that the examination reports did not comply with the holding in Jones v. Shinseki and must obtain a new medical opinion to address the ameliorative effects of medication on the severity of the Veteran's lumbar spine disability and associated radiculopathy during the period on appeal.
- Claimed conditions
- lumbar spine intervertebral disc syndrome with degenerative disc disease, degenerative joint disease, segmental instability, and spondylolisthesis, radiculopathy (sciatic nerve) of right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 1, 2025
- Citation
- 25008622
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 granted service connection for residuals of a right knee meniscal tear to include degenerative joint disease, finding that the Veteran's in-service injury led to his current condition.
- Granted
The Board granted an increased initial rating of 20 percent disabling for the Veteran's right shoulder, effective November 22, 2011.
- Granted
The Board granted service connection for a lumbar spine disability, diagnosed as degenerative disc disease and degenerative joint disease, intervertebral disc syndrome (IVDS), and lumbosacral strain, based on the Veteran's consistent account of having low back problems since service.
- Granted
The Board granted service connection for a right arm disability, diagnosed as right shoulder strain, tendinopathy, tendinosis, and degenerative joint disease, based on the evidence showing that these conditions initially manifested during service and continuously progressed and worsened after discharge.
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