The Board remands the claims for higher initial disability ratings and TDIU as additional development is necessary before adjudication on the merits.
The deciding factor: Additional VA examinations are needed to thoroughly assess the current nature, extent, and severity of the Veteran's various left lower extremity radiculopathies.
- Claimed conditions
- femoral nerve radiculopathy of the left lower extremity, sciatic nerve radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2023
- Citation
- 23001716
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 granted a 40 percent evaluation for sciatic nerve radiculopathy of the right and left lower extremities, a 30 percent evaluation for femoral nerve radiculopathy of the right and left lower extremities, and a total disability rating based on individual unemployability (TDIU), but denied an increased evaluation in excess of 40 percent for spinal stenosis and lumbar intervertebral disc syndrome.
- Denied
The Board denied the Veteran's claims for eligibility for specially adapted housing, a special home adaptation grant, and financial assistance in purchasing an automobile or other conveyance and adaptive equipment. The claim of CUE in the September 14, 2017, rating decision was also denied.
- Dismissed
The veteran withdrew the appeal, and there are no allegations of error for appellate consideration.
- Denied
The Veteran's claims for an earlier effective date than August 11, 2008, for awards of service connection and ratings for sciatic nerve radiculopathy in each lower extremity were denied as a matter of law.
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