The Board has dismissed the appeal for an earlier effective date for right lower extremity sciatica and has remanded the issues of rating in excess of 10 percent for cervical and thoracic spine disabilities.
The deciding factor: The Veteran's claim for an earlier effective date was not properly presented as a freestanding claim, and thus is dismissed. The Board has also remanded the issues regarding ratings for his cervical and thoracic spine disabilities due to inadequate prior examinations.
- Claimed conditions
- right lower extremity sciatica, degenerative arthritis of the cervical spine, degenerative arthritis of the thoracic spine with lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2019
- Citation
- 19175683
Veterans Law Judge
Decisions by this judge: 2,421 · Granted: 29% (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 19175683.
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 for increased disability ratings for lumbar spine arthritis and right lower extremity sciatica have been dismissed due to the Veteran's withdrawal of his appeal.
- Granted
The Board has granted service connection for bilateral lower extremity sciatica, secondary to the Veteran's service-connected lumbosacral strain. The decision is based on a finding of reasonable doubt in favor of the Veteran.
- Granted
The Veteran's service-connected disabilities, in combination, render him unable to secure or follow a substantially gainful occupation consistent with his education and work history.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for a right shoulder condition, cervical spine degenerative arthritis, and TBI residuals due to potential errors in obtaining necessary medical opinions.
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