The Board remands the claims for further consideration due to non-compliance with previous remand instructions regarding flare-ups and functional loss.
The deciding factor: Remand is necessary as the March 2020 VA examiner did not adequately address whether the Veteran had ever suffered from flare-ups, including severity, frequency, and duration of any flare-ups, and the degree of functional loss during flare-ups for each of his claimed disabilities as required in the Board's February 2020 remand instructions.
- Claimed conditions
- lumbosacral strain with degenerative disc disease, cervical strain with degenerative changes and spinal stenosis, radiculopathy, left lower extremity (LLE) with tarsal tunnel syndrome, radiculopathy, right lower extremity (RLE) with tarsal tunnel syndrome, radiculopathy, left upper extremity (LUE), radiculopathy, right upper extremity (RUE)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 21, 2025
- Citation
- A25036387
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 Veteran withdrew his appeals for increased initial ratings and service connection, effective November 18, 2019.
- Denied
The Board denied increased ratings for the Veteran's lumbosacral strain, adjustment disorder with mixed anxiety and depressed mood chronic, sleepwalker disorder, and lower lumbar extremity radiculopathies. The claims for service connection for PTSD, erectile dysfunction, obstructive sleep apnea, and a TDIU were remanded.
- Partly granted
The Veteran's lumbosacral strain with degenerative disc disease was granted a rating of 40 percent on and after August 11, 2018.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, as well as remanded certain issues.
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