The Board has remanded the issues of entitlement to ratings in excess of 10 percent for cervical and thoracic spine disabilities, as well as the issue of an earlier effective date for right lower extremity sciatica. The Veteran's claim for an earlier effective date is dismissed due to it being a freestanding claim rather than part of a larger appeal.
The deciding factor: The Board found that the July 2017 rating decision granting service connection for right lower extremity sciatica and assigning an effective date of February 16, 2017 was final as the Veteran did not appeal it or submit new and material evidence within one year. The claim is dismissed due to its nature as a freestanding earlier effective date claim.
- 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
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.
- Partly granted
The Board denied increased ratings for left and right lower extremity sciatica but granted separate disability ratings for neuritis and neuralgia.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities prior to June 16, 2014, as the evidence did not show that he was precluded from securing or following substantially gainful employment.
- Partly granted
The Board granted service connection for allergic rhinitis and remanded the other claims for further development.
- Granted
The Veteran's service-connected disabilities are of such nature and severity as to preclude his participation in any regular substantially gainful employment consistent with his education and occupational experience, warranting a total disability rating based on individual unemployability.
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