The Board remands the Veteran's claims for an increased initial rating in excess of 20 percent for left-sided lumbar radiculopathy and degenerative arthritis of the lumbar spine to correct a pre-decisional duty to assist error.
The deciding factor: The examination report was inadequate as it did not provide ROM measurements during flare-ups, which is required under Sharp v. Shulkin, 29 Vet. App. 26 (2017).
- Claimed conditions
- left-sided lumbar radiculopathy, degenerative arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- April 9, 2025
- Citation
- A25032790
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.
- Partly granted
The Board granted service connection for degenerative arthritis of the lumbar spine, left shoulder, and bilateral plantar fasciitis. The appeal was also granted to reopen a claim for service connection for bilateral hip disability.
- Dismissed
The Veteran withdrew his appeal for special monthly compensation based on the need for aid and attendance due to service-connected conditions.
- Remanded (sent back)
The Board remands the claims for service connection for chronic lymphocytic leukemia, degenerative arthritis of the lumbar spine, hypertension, and migraine headaches to correct pre-decisional duty to assist errors.
- Dismissed
The Veteran withdrew all appeals in the 220823-484193 docket prior to the Board's consideration.
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