The Veteran is currently rated at 20 percent for radiculopathy of the left lower extremity and 20 percent prior to July 31, 2013 for radiculopathy of the right lower extremity. The Board has remanded these issues.,There is no legal entitlement to an earlier effective date prior to April 1, 2011 for service-connected radiculopathy of the left and right lower extremities.
The deciding factor: The current ratings do not meet or approximate the criteria for a higher evaluation as they are based on moderate incomplete paralysis of the sciatic nerve. The Veteran's symptoms have been described as moderate, but there is no evidence showing severe impairment.,There is no legal basis to grant an earlier effective date prior to April 1, 2011 for service-connected radiculopathy of the left and right lower extremities.
- Claimed conditions
- radiculopathy of the left lower extremity, radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 13, 2019
- Citation
- 19193921
Veterans Law Judge
Decisions by this judge: 1,858 · Granted: 24% (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 19193921.
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.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his physical limitations could be accommodated by sedentary employment.
- Remanded (sent back)
The Board has denied service connection for radiculopathy of the left lower extremity and remanded the claim for adjustment disorder. The Veteran's radiculopathy is not shown to be related to his military service, while his adjustment disorder may be related to civilian life.
- Dismissed
The Board has dismissed all service connection claims and rating determinations due to the Veteran's withdrawal of his appeal.
- Remanded (sent back)
The Board has remanded the claims for service connection for low back disability and radiculopathy of the bilateral lower extremities due to a failure to provide adequate reasons or bases in the November 2024 decision as to whether the pre-decisional duty to assist had been satisfied.
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