The Board has granted an earlier effective date of February 7, 2017 for the award of service connection for right lower extremity sciatic radiculopathy. The case is remanded for further examination and opinion regarding a compensable rating for the Veteran's right knee disability and her entitlement to service connection for obstructive sleep apnea.
The deciding factor: The effective date was granted based on factual evidence showing symptoms of right lower extremity sciatic radiculopathy on February 7, 2017, which is when VA spine and peripheral nerve examinations were conducted. The case is remanded to obtain a new examination for the Veteran's right knee disability and an opinion regarding her obstructive sleep apnea.
- Claimed conditions
- right lower extremity sciatic radiculopathy, right knee limitation of extension and degenerative joint disease (DJD), obstructive sleep apnea (OSA)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2022
- Citation
- 22057367
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 22057367.
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 Veteran's OSA is granted as service connected. The Veteran's infectious disease claim and stomach disability claim are remanded for further examination.
- Dismissed
The Veteran's appeal for a higher rating for right foot disability status post Mitchell's bunionectomy is granted with an effective date of July 25, 2023.,The Veteran's appeal for a higher rating for left foot disability status post Mitchell's bunionectomy is dismissed as it does not meet the criteria for an earlier effective date.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to errors in obtaining relevant medical records and authorization for private treatment providers. The issues include heart disorder, OSA, sinusitis, lumbar spine disorder, and right knee disorder all related to Agent Orange exposure.
- Granted
The Board has granted service connection for obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected posttraumatic stress disorder (PTSD) with persistent depressive disorder and insomnia.
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