The Board has remanded the Veteran's claims for an increased rating and a TDIU, as well as whether the reduction in compensation from 40 percent to 20 percent right upper extremity radiculopathy was proper. The effective date of service connection remains March 16, 2012.
The deciding factor: The Board found that the earliest medical evidence showing left lower extremity radiculopathy involving the femoral nerve related to his service-connected back disability is from a March 16, 2012 VA examination. The effective date of this grant of service connection was set at March 16, 2012.
- Claimed conditions
- left lower extremity radiculopathy, femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 1, 2023
- Citation
- 23006252
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 23006252.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating for various conditions, including allergic rhinitis, sleep apnea, degenerative disc disease of the lumbar spine, lower extremity radiculopathies, and left lower extremity radiculopathy with foot drop. The issues include determining if these conditions are related to service or other factors.
- Remanded (sent back)
The Veteran's claims for increased ratings for bilateral lower extremity radiculopathy are remanded due to a duty to assist error. A new examination is needed to evaluate the nature and severity of his symptoms.
- Denied
The Veteran's claim for higher ratings for his service-connected back disability, bilateral lower extremity radiculopathies, and hypertension was denied. The rating for IVDS with bilateral facet arthropathy thoracolumbar spondylosis is not met as the evidence did not show forward flexion to 60 degrees or less, combined range of motion of 120 degrees or less, muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour, or ankylosis (or its functional equivalent).,The Veteran's claims for higher ratings for his service-connected right and left lower extremity radiculopathies were not met as the evidence did not show at least moderate incomplete paralysis of the femoral nerve or sciatic nerve. The rating for hypertension was also denied.
- Denied
The Veteran's claims for earlier effective dates for service connection of left and right lower extremity radiculopathy, femoral nerve are denied as the earliest evidence indicating these conditions is from August 21, 2020.
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