The Board has remanded the Veteran's claims for a disability rating greater than 20 percent prior to June 22, 2017, and greater than 40 percent thereafter, for a back disability; entitlement to a compensable disability rating prior to June 4, 2021, and greater than 10 percent thereafter, for right lower extremity femoral nerve radiculopathy; entitlement to a compensable disability rating prior to June 4, 2021, a rating greater than 10 percent from that date to October 21, 2021, and greater than 20 percent thereafter, for left lower extremity femoral nerve radiculopathy; entitlement to a disability rating greater than 10 percent prior to June 22, 2017, and greater than 20 percent thereafter for right lower extremity sciatic nerve radiculopathy; entitlement to a disability rating greater than 20 percent prior to September 18, 2015, and greater than 40 percent thereafter, for left lower extremity sciatic nerve radiculopathy; and entitlement to a total disability rating based on individual unemployability (TDIU) prior to September 18, 2015. The claims are remanded due to inadequate development of the Veteran's back disability and lower extremity radiculopathy.
The deciding factor: The Board found that there has not been substantial compliance with the remand directives and another remand is required.
- Claimed conditions
- Back disability, Right lower extremity femoral nerve radiculopathy, Left lower extremity femoral nerve radiculopathy, Right lower extremity sciatic nerve radiculopathy, Left lower extremity sciatic nerve radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 25, 2023
- Citation
- 23004564
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 23004564.
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 Veteran's claim for service connection of a back disability, finding that there was no evidence to support a nexus between his current condition and active duty service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for a back disability due to incomplete service records and failure to consider all available evidence, including in-service treatment records from F.E. Warren Air Force Base.
- Granted
The Veteran's rating for residuals status post lumbar fusion was reduced from 40 percent to 20 percent effective October 25, 2023. The reduction was granted as there was no evidence of actual improvement in the Veteran's condition prior to this date.
- Remanded (sent back)
The Veteran's claim for service connection for a back disability is being remanded due to duty-to-assist errors and the need for a VA examination.
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