The Board remands the claims for an initial increased rating in excess of 10 percent for left lower radiculopathy and an increased rating in excess of 10 percent for lumbar spine condition to correct duty to assist errors.
The deciding factor: The March 2023 examination reports did not adequately consider all reported symptoms, including pain and flare-ups, which are necessary for evaluating the severity of the Veteran's conditions under the rating criteria.
- Claimed conditions
- left lower radiculopathy, lumbar spine condition (degenerative disc disease and spondylolisthesis L5 on S1)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 15, 2025
- Citation
- A25043668
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 denied several claims for increased ratings and granted a 20 percent rating for the left ankle disability, while denying all other claims.
- Granted
The Board grants an earlier effective date of April 2, 2020, but no earlier, for the awards of service connection for left lower extremity radiculopathy; right lower extremity radiculopathy; status post arthroscopy right knee limitation of flexion; increased disability rating for status post arthroscopy right knee; and an increased disability rating for chronic back pain, degenerative arthritis of the lumbar spine and spinal stenosis.
- Remanded (sent back)
The Board remands the claims for further development of evidence, specifically to obtain private radiology and chiropractic records.
- Granted
The Board granted earlier effective dates of August 12, 2020, for the service-connected right and left lower radiculopathy.
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