The Board has decided to remand the Veteran's claims for an initial rating in excess of 20 percent for his service-connected lumbar spine and lower extremity radiculopathy disabilities due to pre-decisional duty to assist errors. The issues include degenerative disc disease with lumbar strain, left and right lower extremity radiculopathy of the femoral nerve, left and right lower extremity radiculopathy of the sciatic nerve, and TDIU.
The deciding factor: The Board found multiple pre-decisional duty to assist errors in obtaining the Veteran's Social Security Administration records and VA examinations that did not comply with established requirements for evaluating his disabilities.
- Claimed conditions
- Degenerative disc disease with lumbar strain, Left lower extremity radiculopathy of the femoral nerve, Right lower extremity radiculopathy of the femoral nerve, Left lower extremity radiculopathy of the sciatic nerve, Right lower extremity radiculopathy of the sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 17, 2024
- Citation
- A24026186
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 A24026186.
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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