The appellant is seeking an earlier effective date for a separate disability rating of 40 percent for sciatic radiculopathy and left foot associated with degenerative disc disease. The RO has assigned the current effective date based on receipt of his claim, but he argues that it should be earlier due to CUE in prior decisions.
The deciding factor: The Board found the February 1993 and September 1994 rating decisions not clearly and unmistakably erroneous for failing to assign a separate rating for sciatic radiculopathy. The Court held that the issue should have been construed as a direct appeal from the assigned effective date.
- Claimed conditions
- sciatic radiculopathy, degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 9, 2011
- Citation
- 1109325
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 1109325.
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.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection of a low back disability and bilateral lower extremity radiculopathy, finding inadequate medical opinions due to failure to consider all relevant evidence.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
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