The Board has remanded the Veteran's claims for a rating in excess of 60 percent for sciatica, to include left foot drop and extraschedular consideration, as well as his claim for TDIU due to service-connected disabilities. The case will be referred back to the Director, Compensation Service, for an opinion regarding whether an extraschedular rating was warranted for the Veteran's sciatica, to include left foot drop, prior to his death.
The deciding factor: The Board found that the evidence presented an exceptional disability picture and that the available schedular evaluations were inadequate. The case will be referred to the Director, Compensation Service, to determine whether an extraschedular rating was warranted for the Veteran's sciatica, to include left foot drop, prior to his death.
- Claimed conditions
- sciatica, left foot drop
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 6, 2019
- Citation
- 19191851
Veterans Law Judge
Decisions by this judge: 2,316 · Granted: 43% (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 19191851.
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.
- Remanded (sent back)
The Veteran's claim for TDIU is being remanded due to a duty to assist error regarding her service-connected depression. She needs an examination to assess the impact of her depression on her ability to work.
- Granted
The Veteran's bilateral lower extremity disabilities, including sciatica, are granted on a secondary basis to his service-connected back disability. The Board found that the evidence is in equipoise as to whether the Veteran has been unable to secure or follow gainful employment due to his service-connected disabilities.
- Denied
The Board denied compensation under 38 U.S.C. § 1151 for the Veteran's lumbar spine herniated disc, left lower extremity radiculopathy, and left foot drop due to a delay in VA providing timely neurosurgical care.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error in failing to obtain a current medical examination for the Veteran's lumbar strain. The claim is being remanded for further evaluation and consideration of the severity of the condition, including any associated radiculopathy.
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