Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for lumbar spine disability and earlier effective dates for service connection for bilateral lower extremity radiculopathy due to a duty to assist error.
The deciding factor: The November 2023 examination reports are inadequate as they do not reflect the ameliorative effects of medication, which is required under Jones v. Shinseki, and the examiner's opinion on radiculopathy lacks sufficient rationale.
- Claimed conditions
- lumbosacral strain, intervertebral disc syndrome, spinal stenosis and spondylosis (lumbar spine disability), right lower extremity (RLE) radiculopathy (sciatic nerve), right lower extremity (RLE) radiculopathy (femoral nerve), left lower extremity (LLE) radiculopathy (sciatic nerve), left lower extremity (LLE) radiculopathy (femoral nerve)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 8, 2025
- Citation
- A25105402
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