The Veteran's ratings for right lower extremity sciatic radiculopathy, left lower extremity femoral radiculopathy, and lumbar spine painful scar were reduced from 10% to noncompensable effective August 1, 2023. The reduction was remanded due to inadequate consideration of whether there was an improvement in the Veteran's condition.
The deciding factor: The RO did not adequately consider whether there was actual improvement in the Veteran's conditions that would warrant a reduction from 10% to noncompensable ratings.
- Claimed conditions
- Right lower extremity sciatic radiculopathy, Left lower extremity femoral radiculopathy, Lumbar spine painful scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 29, 2023
- Citation
- A23033879
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 A23033879.
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 Veteran's claims for increased ratings for right and left lower extremity femoral radiculopathy were denied as his disability did not more nearly approximate severe incomplete paralysis during the review period.
- Granted
Effective dates of June 4, 2022 are granted for service connection for unspecified anxiety disorder, lumbosacral strain with degenerative arthritis and disc disease, IVDS, spondylosis, scoliosis and healed compression fracture of T7, right lower extremity sciatic radiculopathy, and right lower extremity femoral radiculopathy.,Effective date of October 5, 2023 is granted for service connection for gastroesophageal reflux disease (GERD).
- Granted
The Veteran is granted a TDIU due to his service-connected disabilities preventing him from obtaining and maintaining substantially gainful employment.
- Denied
The Veteran's right lower extremity sciatic radiculopathy was not service-connected prior to June 17, 2020. The claim for an initial rating in excess of 10 percent for the disability is also denied.
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