The Board has ordered a new VA neurological examination to determine the presence and nature of any right lower extremity sciatic nerve disabilities, as well as whether the Veteran's 'right foot dragging' represents an aggravation of his RLE sciatic nerve disability or is proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance on the part of VA in furnishing the surgical treatment.
The deciding factor: The Board found that the existing medical opinions did not establish a clear relationship between the Veteran's May 2009 cervical laminectomy and his current RLE sciatic nerve disabilities, including 'right foot dragging,' and thus ordered further examination to clarify these issues.
- Claimed conditions
- right lower extremity sciatic nerve disability, right foot dragging
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 11, 2023
- Citation
- 23050323
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 23050323.
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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