The Veteran's low back disability is rated at 40 percent, effective November 22, 2004.,Increased ratings of 20 percent for left and right lower extremity sciatic nerve radiculopathy are granted, both effective June 26, 2006.,The Veteran's claim for an earlier effective date for the award of a separate evaluation for right lower extremity femoral nerve radiculopathy is remanded.
The deciding factor: There was no evidence of unfavorable ankylosis or incapacitating episodes as defined by regulation, thus higher ratings under the General Rating Formula and IVDS Formula are not warranted.
- Claimed conditions
- Low Back Disability, Left Lower Extremity Sciatic Nerve Radiculopathy, Right Lower Extremity Sciatic Nerve Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 29, 2020
- Citation
- 20070361
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 claims for service connection for chronic fatigue syndrome, a low back disability, a left knee disability, and a left shoulder disability as there was no evidence to support that these conditions were incurred in or caused by the Veteran's military service.
- Partly granted
The Board denied service connection for sinusitis, bronchitis, liver abscess, abdominal aorta, left and right hamstring disabilities. The Board granted an increased disability rating of 40 percent for right upper extremity radiculopathy but denied all other claims.
- Partly granted
The Board denied an initial rating higher than 70 percent for PTSD and remanded several service connection claims, including dyspnea, chronic fatigue syndrome, fibromyalgia, irritable bowel syndrome, obstructive sleep apnea, low back disability, and right lower extremity radiculopathy of the sciatic nerve.
- Dismissed
The appeal for an initial compensable rating for GERD was withdrawn, and the claims for service connection for a low back disability, bilateral ankle disability, bilateral knee disability, and right knee disability were denied.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.