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
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 appeal regarding the proposed reduction of the Veteran's disability rating for radiculopathy of the left lower extremity was dismissed as it was not a final decision. The Board also remanded the claim for service connection for a left hip disability due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a procedural error regarding notice of the right to a pre-decisional hearing.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including knee and foot conditions, a low back disability, radiculopathy, tinnitus, and a neck condition, to correct pre-decisional errors in fulfilling VA's duty to assist by rescheduling missed examinations.
- Remanded (sent back)
The Board remands the Veteran's claims for increased ratings for his thoracolumbar spine and radiculopathy conditions, as well as a separate rating for femoral nerve radiculopathy, to obtain additional medical evidence.
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