The Board has remanded the propriety of separate ratings for various radiculopathy conditions affecting the Veteran's upper and lower extremities, as well as a claim for a TDIU. Additional development is needed to obtain private treatment records from non-VA providers.
The deciding factor: The Board found that additional development was necessary to obtain private treatment records from non-VA providers who provided services via the Veterans Choice program.
- Claimed conditions
- Right Upper Extremity Radiculopathy, Left Upper Extremity Radiculopathy, Right Lower Extremity Sciatic Nerve Radiculopathy, Left Lower Extremity Sciatic Nerve Radiculopathy, Right Lower Extremity Femoral 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 1, 2024
- Citation
- 24004987
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 24004987.
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 Veteran's initial ratings for left lower extremity (LLE) radiculopathy, sciatic nerve and femoral nerve have been granted at a 20 percent level.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Denied
The Veteran's bilateral hearing loss is rated as noncompensable prior to August 19, 2024 and at a 20% rating since that date.,The Veteran's depressive disorder is rated as 30% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's lumbar spine disability is rated as 20% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's left lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's right lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's left lower extremity femoral nerve radiculopathy is rated as 20% since August 3, 2024.,The Veteran's right ankle disability is rated as 10% prior to August 27, 2024 and at a 20% rating since that date.
- Denied
The Board denied a rating in excess of 30 percent for the Veteran's left upper extremity radiculopathy, finding that the evidence did not show severe incomplete paralysis.
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