The Veteran's PTSD with depressive disorder is rated at 70 percent, but the Board finds that a higher rating is not warranted.,The Veteran's spinal stenosis is currently rated at 20 percent and the Board has remanded for further development to determine if a higher rating is warranted.,The Veteran's left lower extremity sciatic nerve radiculopathy is rated at 10 percent, but the Board has remanded for further development to determine if a higher rating is warranted.,The Veteran's right lower extremity sciatic nerve radiculopathy is rated at 10 percent, but the Board has remanded for further development to determine if a higher rating is warranted.,The Veteran's left lower extremity femoral nerve radiculopathy is rated at 10 percent, but the Board has remanded for further development to determine if a higher rating is warranted.,The Veteran's right lower extremity femoral nerve radiculopathy is rated at 10 percent, but the Board has remanded for further development to determine if a higher rating is warranted.,The Veteran's bilateral hearing loss is not compensable and the Board has remanded for further development to determine if a compensable rating is warranted.,The Veteran does not have current diagnoses of obstructive sleep apnea or a sleep disorder, but the Board has remanded for further development to determine if service connection is warranted.,The Veteran does not have current diagnoses of a neck nerve disorder and the Board has remanded for further development to determine if service connection is warranted.
The deciding factor: The Veteran's PTSD with depressive disorder most closely approximated occupational and social impairment without total occupational and social impairment, warranting a 70 percent rating.,Throughout the period on appeal, the Veteran's spinal stenosis was manifested by forward flexion limited to 55 degrees, at worst, with a combined range of motion of 155 degrees. The Board has remanded for further development as there may be ankylosis or intervertebral disc syndrome requiring medically prescribed bed rest.,Throughout the period on appeal, the Veteran's left lower extremity sciatic nerve radiculopathy manifested as no more than mild incomplete paralysis of the sciatic nerve without a loss of reflexes, muscle atrophy or numbness. The Board has remanded for further development to determine if higher ratings are warranted.,Throughout the period on appeal, the Veteran's right lower extremity sciatic nerve radiculopathy manifested as no more than mild incomplete paralysis of the sciatic nerve without a loss of reflexes, muscle atrophy or numbness. The Board has remanded for further development to determine if higher ratings are warranted.,Throughout the period on appeal, the Veteran's left lower extremity femoral nerve radiculopathy manifested as no more than mild incomplete paralysis of the femoral nerve without a loss of reflexes, muscle atrophy or numbness. The Board has remanded for further development to determine if higher ratings are warranted.,Throughout the period on appeal, the Veteran's right lower extremity femoral nerve radiculopathy manifested as no more than mild incomplete paralysis of the femoral nerve without a loss of reflexes, muscle atrophy or numbness. The Board has remanded for further development to determine if higher ratings are warranted.,The Veteran had no worse than Level III hearing in each ear and does not have current diagnoses of bilateral hearing loss. The Board has remanded for further development to determine if a compensable rating is warranted.,At no time during the pendency of the claim does the Veteran have current diagnoses of obstructive sleep apnea or a sleep disorder, but the Board has remanded for further development to determine if service connection is warranted.,At no time during the pendency of the claim does the Veteran have current diagnoses of a neck nerve disorder and the Board has remanded for further development to determine if service connection is warranted.
- Claimed conditions
- Posttraumatic Stress Disorder with Depressive Disorder, Spinal Stenosis, Left Lower Extremity Sciatic Nerve Radiculopathy, Right Lower Extremity Sciatic Nerve Radiculopathy, Left Lower Extremity Femoral Nerve Radiculopathy, Right Lower Extremity Femoral Nerve Radiculopathy, Bilateral Hearing Loss, Obstructive Sleep Apnea and/or a Sleep Disorder (not diagnosed), Neck Nerve Disorder (not diagnosed)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 9, 2024
- Citation
- 24007249
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 24007249.
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 bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
- Denied
The Board denied the Veteran's claim for service connection for bilateral hearing loss, finding that there was no evidence of a nexus between his current hearing loss and his active service. The Board noted that while he had complaints of earaches in service, these did not indicate a current disability.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.