The Board has remanded the Veteran's claims for increased rating and service connection due to alleged errors in the May 2021 VA examination, including failure to conduct range of motion testing. The AOJ is instructed to obtain an addendum VA medical opinion addressing the severity of the Veteran's back disability throughout the appeal period and a VA examination regarding bilateral lower extremity radiculopathy.
The deciding factor: The Board found that the May 2021 VA examiner did not conduct range of motion testing, which is necessary to accurately assess the Veteran's disability level.
- Claimed conditions
- Status Post Anterior Spinal Fusion and Revision of Posterior Spinal Fusion with Degenerative Disease of the Lumbar Spine, Bilateral Lower Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 10, 2026
- Citation
- A26033453
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A26033453.
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 Veteran's service-connected degenerative arthritis of the cervical spine, lumbar disc disease, bilateral lower extremity radiculopathy, bilateral knee strains, residuals of a left ankle concussion, and bilateral pes cavus are found to be related to his obstructive sleep apnea. His claim for restoration of a 30 percent evaluation for degenerative arthritis of the cervical spine is granted.
- Denied
The Board denied the appellant's eligibility for direct payment of fees from past due benefits awarded in a July 2024 rating decision granting an increased PTSD rating and TDIU.
- Remanded (sent back)
The Veteran's service-connected disabilities, including PTSD, lumbar spine disability, and bilateral lower extremity radiculopathy, have rendered him unable to secure or follow substantially gainful employment. The Board finds that the VA examination provided in July 2024 is internally inconsistent and requires further clarification.
- Denied
The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.
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