The Veteran's low back disorder was rated at 40 percent prior to November 30, 2010. The Board denied a higher rating as the evidence did not show ankylosis or incapacitating episodes.,Prior to September 4, 2018, the Veteran’s left lower extremity radiculopathy was rated at 40 percent due to moderate severe incomplete paralysis of the sciatic nerve. The rating was granted.
The deciding factor: The evidence prior to September 4, 2018, showed that the Veteran's left lower extremity radiculopathy manifested with symptoms comparable to moderately severe incomplete paralysis.
- Claimed conditions
- Low Back Disorder, Left Lower Extremity Radiculopathy, Right Lower Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 3, 2019
- Citation
- 19176608
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 the veteran's claims for increased ratings and service connection, except for a 20 percent rating for lumbosacral strain.
- Partly granted
The Board denied increased ratings for the Veteran's service-connected bilateral hearing loss, right lower extremity radiculopathy, and facial scars, status post excision of cyst of left and right jaw. However, it granted an initial 40% rating for right lower extremity radiculopathy from June 3, 2024.
- Dismissed
The Board dismissed all issues as a matter of law due to a procedural defect in the Veteran's February 2023 VA Form 10182s, which attempted to concurrently elect multiple review options.
- Denied
The appeal regarding the propriety of the award of attorney fees to H.B. was denied, while the issue of reasonableness of the fee award is being remanded for further review.
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