The Veteran's claims for earlier effective dates and increased ratings were denied due to lack of evidence showing an earlier date of claim or intent to file a claim.,Ratings in excess of 10 percent are not warranted for the Veteran's bilateral lower extremity radiculopathy conditions prior to July 2, 2021.
The deciding factor: The effective dates were denied as there was no evidence showing an earlier date of claim or intent to file a claim.,There is no evidence showing severe incomplete paralysis for the femoral nerves, which would warrant a higher rating.
- Claimed conditions
- Degenerative disc disease of the lumbar spine (low back condition), Left lower extremity radiculopathy of the sciatic nerve, Right lower extremity radiculopathy of the sciatic nerve, Left lower extremity radiculopathy of the femoral nerve, Right lower extremity radiculopathy of the femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2024
- Citation
- 24004965
Veterans Law Judge
Decisions by this judge: 910 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24004965.
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.
- Granted
The Board has granted a rating of 20 percent for the Veteran's right lower extremity radiculopathy of the sciatic nerve, finding that it most nearly approximated moderate incomplete paralysis.
- Denied
The Veteran's service-connected disabilities alone do not render him so helpless as to require the regular aid and attendance of another person, resulting in a denial of SMC based on need for regular aid and attendance.
- Granted
The Board has granted an initial disability rating of 40 percent for right lower extremity radiculopathy of the sciatic nerve, which is considered moderately severe incomplete paralysis.
- Granted
The Board has granted service connection for degenerative arthritis and spinal stenosis with L3-L5 disc herniation (lumbar disability), left lower extremity radiculopathy of the sciatic nerve, and right lower extremity radiculopathy of the sciatic nerve. The Board found that these conditions are related to service.
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