The Veteran's lumbar spine disability is rated at 40 percent, but no higher. The right lower extremity radiculopathy (sciatic nerve) and left lower extremity radiculopathy are each rated at 40 percent.,Service connection for cervical spine disability, right upper extremity radiculopathy secondary to cervical spine disability, and left upper extremity radiculopathy secondary to cervical spine disability is remanded. The Veteran's TDIU claim is also remanded.
The deciding factor: The evidence does not show unfavorable ankylosis of the entire thoracolumbar spine or unfavorable ankylosis of the entire spine, which would be required for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's lumbar spine disability is currently rated at 40 percent.
- Claimed conditions
- Lumbar Spine Disability, Right Lower Extremity Radiculopathy (Sciatic Nerve), Left Lower Extremity Radiculopathy (Sciatic Nerve)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2022
- Citation
- A22021694
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 A22021694.
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 Veteran's bilateral hearing loss is rated as noncompensable prior to August 19, 2024 and at a 20% rating since that date.,The Veteran's depressive disorder is rated as 30% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's lumbar spine disability is rated as 20% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's left lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's right lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's left lower extremity femoral nerve radiculopathy is rated as 20% since August 3, 2024.,The Veteran's right ankle disability is rated as 10% prior to August 27, 2024 and at a 20% rating since that date.
- Granted
The Veteran's low back disability is rated at 40 percent, and his left and right lower extremity radiculopathy are each rated at 40 percent. The issues of increased ratings for these conditions have been granted.
- Granted
The Veteran's left and right lower extremity radiculopathy (sciatic nerve) have been granted increased disability ratings of 20 percent, effective April 22, 2024.,The Veteran's left and right lower extremity radiculopathy (sciatic nerve) have been granted increased disability ratings of 20 percent, effective April 22, 2024.
- Denied
The Veteran's lumbar spine disability is rated at 40 percent, and his left and right foot disabilities are each rated at 10 percent. The appeals for increased ratings have been denied.
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