The appeal is dismissed for the issue of an effective date prior to March 11, 2014 for the grant of service connection for radiculopathy of the right lower extremity (sciatic nerve). The appeals for higher ratings for lumbosacral degenerative disc disease and radiculopathy of the right lower extremity are remanded.
The deciding factor: The Veteran's appeal was dismissed due to his withdrawal, and the appeals for higher disability ratings were remanded based on new evidence indicating a worsening of his conditions.
- Claimed conditions
- lumbosacral degenerative disc disease, radiculopathy of the right lower extremity (sciatic nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 21, 2023
- Citation
- 23010522
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 23010522.
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 found the reduction in disability evaluation from 40% to 20% was improper and void ab initio due to inadequate examination for reduction.
- Granted
The Board has granted the Veteran's claim of service connection for lumbosacral degenerative disc disease and spondylosis, finding that his current disabilities are related to his active duty service.
- Denied
The Veteran's lumbosacral degenerative disc disease is rated at 20 percent, and his PTSD with depressive disorder and alcohol use disorder is rated at 70 percent. The Veteran also received a TDIU effective April 11, 2023, and SMC based on housebound status effective the same date.
- Remanded (sent back)
The Veteran's claims for increased ratings and effective dates are being remanded due to the need for additional VA treatment records, including those from the Miami VAMC and scanned into VistA.
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