The Veteran's lumbar spine disability is rated at 20 percent, but a higher rating is denied.,A 40 percent rating for left lower extremity sciatica and a 40 percent rating for right lower extremity sciatica are granted.,An increased rating for the Veteran's lumbar spine disability remains pending.
The deciding factor: The evidence does not meet the criteria for a higher rating under any applicable diagnostic code, including those related to ankylosis or intervertebral disc syndrome (IVDS).
- Claimed conditions
- Discogenic disease of the lumbar spine, Sciatica of the left lower extremity, Sciatica of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2020
- Citation
- 20000562
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 Board remands the claims for service connection for a low back disability and sciatica of both lower extremities, to include as secondary to the Veteran's service-connected foot and knee disabilities, due to pre-decisional duty to assist errors.
- Dismissed
The Board dismissed the Veteran's appeals for service connection for various conditions due to untimely filing of a Notice of Disagreement.
- Remanded (sent back)
The Board remands the claims for further development of medical records and a new opinion regarding service connection for various disabilities, including Lyme disease, back, neck, and upper/lower extremity conditions.
- Denied
The Board denied service connection for bilateral hearing loss, bruxism, sciatica of the right and left lower extremities, a heart disability, hypertension, pulmonary embolism, anemia, helicobacter pylori infection, and gastroesophageal reflux disease as there was no evidence to support a current diagnosis or a link to service.
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