The Veteran's low back condition characterized as degenerative disc disease of the lumbosacral spine with IVDS is currently rated at 20 percent, and a higher rating is not warranted.,The Veteran's left lower radiculopathy of the sciatic nerve is currently rated at 10 percent, and a higher rating is warranted.
The deciding factor: The evidence does not show that the Veteran’s low back condition has manifested as forward flexion to 30 degrees or less or favorable ankylosis even with consideration of functional impairment due to pain, on repetitive motion, and with flares.,The evidence shows that the Veteran's radiculopathy is manifested by moderate incomplete paralysis of the sciatic nerve.
- Claimed conditions
- {"condition_name":"Degenerative disc disease of the lumbosacral spine with intervertebral disc syndrome (IVDS)"}, {"condition_name":"Obstructive sleep apnea"}
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2019
- Citation
- 19107128
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.