The Board has remanded the case for further development and consideration of the Veteran's claims, including his claim for a higher rating for left lower extremity sciatic radiculopathy. The AOJ is instructed to consider all pertinent evidence since the last adjudication in deciding these matters.
The deciding factor: The decision was remanded due to an error in denying a higher rating for left lower extremity sciatic radiculopathy while simultaneously remanding the claim for a higher rating for lumbar spine disability, which may provide relevant information on whether the Veteran has muscle atrophy related to his sciatic radiculopathy.
- Claimed conditions
- left lower extremity sciatic radiculopathy, vertebral fracture, L1 with multilevel degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2020
- Citation
- 20004801
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 a disability rating greater than 10 percent for tinnitus and a rating greater than 20 percent for lumbosacral strain, but granted a 20 percent rating for left lower extremity sciatic radiculopathy and right lower extremity sciatic radiculopathy.
- Partly granted
The Board denied earlier effective dates for the award of service connection and denied increased ratings for various disabilities, but granted a separate rating for left upper extremity radiculopathy from October 20, 2020.
- Remanded (sent back)
The Board remands the claims for further development, including obtaining a retrospective medical opinion regarding the severity of the Veteran's service-connected conditions without the use of pain medication and securing the credentials of the VA examiners.
- Partly granted
The Board granted effective dates of October 30, 2024, for the awards of service connection and increased ratings for various disabilities.
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