The Veteran's radiculopathy of the left lower extremity was rated as 10 percent prior to May 23, 2016 and granted a rating of 40 percent on and after that date.,For his marked chronic lumbar myositis, the Veteran is not entitled to an initial rating in excess of 20 percent. For his degenerative joint disease of the left knee, he is not entitled to an initial rating in excess of 10 percent prior to March 17, 2016 and as 20 percent on and after that date. His right knee disability was also remanded for further examination.,The Veteran's radiculopathy of the left lower extremity is rated based on incomplete paralysis of the sciatic nerve. The Veteran has been granted a higher rating, but his lumbar myositis and knee disabilities remain at their current ratings.
The deciding factor: The Veteran’s disability was remanded due to inadequate examination reports that did not consider all relevant symptomology.
- Claimed conditions
- radiculopathy of the left lower extremity, marked chronic lumbar myositis, degenerative joint disease of the left knee, degenerative joint disease of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 26, 2019
- Citation
- A19003841
Veterans Law Judge
Decisions by this judge: 1,828 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A19003841.
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's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his physical limitations could be accommodated by sedentary employment.
- Remanded (sent back)
The Board has denied service connection for radiculopathy of the left lower extremity and remanded the claim for adjustment disorder. The Veteran's radiculopathy is not shown to be related to his military service, while his adjustment disorder may be related to civilian life.
- Remanded (sent back)
The Veteran's claims for increased ratings for his bilateral hips and right knee are being remanded due to duty-to-assist errors. The VA is required to obtain the Veteran's SSA disability benefits records, provide supplemental opinions regarding the ameliorative effects of medication on his hip and knee disabilities, and correct any duty-to-assist errors.
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