The Board has decided to remand the case for a new VA examination and opinion regarding the Veteran's sciatic nerve disability, specifically whether it is due to carelessness or negligence on the part of VA.
The deciding factor: The Court found that the July 2020 Department of Veterans Affairs (VA) examination was inadequate as it did not explain why the appearance of new symptoms does not amount to aggravation of the right lower extremity sciatic nerve disability. The Board is therefore remanding the case for a new C&P aggravation opinion.
- Claimed conditions
- right lower extremity sciatic nerve disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 5, 2023
- Citation
- 23026444
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 23026444.
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.
- Dismissed
The Veteran withdrew all pending appeals, including those for increased ratings and service connection claims. The appeal is dismissed as a result.
- Partly granted
The Board granted service connection for a right lower extremity sciatic nerve disability as secondary to the Veteran's service-connected back disability, but denied service connection for chronic fatigue syndrome, restless leg syndrome of both legs, and dermatosis of the legs.
- Denied
The Board denied service connection for sleep apnea, a back disability, bilateral upper and lower extremity nerve disabilities, chronic fatigue syndrome, and GERD as there was no evidence of a current disability or a nexus to service.
- Remanded (sent back)
The Board remanded the case for further development to obtain a retrospective medical opinion addressing functional loss during flareups and with repeated use over time prior to June 2021, as the previous opinions did not provide sufficient information regarding the Veteran's functional loss.
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