The Board has remanded the Veteran's claims for an effective date earlier than May 13, 2021, for various service-connected conditions including coccydynia and bilateral lower extremity radiculopathies. The issues are intertwined with the earlier effective date claim for coccydynia.
The deciding factor: The pre-decisional duty to assist error occurred when the AOJ processed the August 2020 claim as a service connection claim instead of an increased rating claim, leading to errors in assigning any effective dates.
- Claimed conditions
- coccydynia, left lower extremity radiculopathy affecting the femoral nerve, left lower extremity radiculopathy affecting the sciatic nerve, right lower extremity radiculopathy affecting the femoral nerve, right lower extremity radiculopathy affecting the sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2022
- Citation
- A22023362
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 A22023362.
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.
- Granted
The Board has granted service connection for lumbosacral strain with degenerative disc disease and right lower extremity radiculopathy affecting the sciatic nerve, effective January 12, 2024. Attorney fees are eligible based on past due benefits awarded in this decision.
- Granted
The Veteran was granted a TDIU for the period from January 1, 2020 to September 30, 2023 due to service-connected disabilities preventing him from maintaining substantially gainful employment.
- Remanded (sent back)
The Board has determined that additional development is needed for the claims of increased disability ratings and TDIU, including consideration of new private medical records.
- Granted
The Board has granted service connection for the Veteran's right lower extremity radiculopathy affecting the femoral nerve as secondary to his service-connected lumbosacral strain and degenerative disc disease.
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