The Veteran's claim for a total disability rating based upon individual unemployability (TDIU) prior to February 5, 2020 is being remanded due to the need for extraschedular consideration.
The deciding factor: The Veteran does not meet the percentage standards set forth in § 4.16(a), and his claim may be considered on an extraschedular basis.
- Claimed conditions
- degenerative disc disease of the lumbar spine, rheumatoid arthritis of the left upper extremity, cervical spine degenerative joint disease, lumbar degenerative joint disease with intervertebral disc syndrome and degenerative disc disease, left lower extremity sciatic nerve radiculopathy, left lower extremity femoral nerve radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 21, 2023
- Citation
- 23010591
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 23010591.
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 determined that there are pre-decisional duty-to-assist errors in the Veteran's claims for increased ratings for bilateral lower extremity femoral nerve radiculopathy, and thus remands the case to obtain addendum medical opinions.
- Granted
The Veteran's hypertension, left knee patellofemoral syndrome, and right knee patellofemoral syndrome have been granted service connection as secondary to his service-connected disabilities. The lumbar spine disability has also been granted but the effective date is not specified.
- Granted
The Veteran's left lower extremity sciatic nerve radiculopathy was granted a disability rating of 40 percent, effective June 25, 2024. The decision found that the condition manifested with an incomplete paralysis of the sciatic nerve that was moderately severe.
- Granted
The Board has granted earlier effective dates of February 24, 2023 for the Veteran's 20% ratings for left and right lower extremity sciatic nerve radiculopathy and his entitlement to TDIU.
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