The Board has granted earlier effective dates for the awards of a 40 percent disability rating for the back disability, service connection for sciatic and femoral radiculopathy of the right lower extremity, and Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35. However, the claim of entitlement to an increased rating for the back disability is remanded due to a pre-decisional error in VA's duty to assist.
The deciding factor: The December 2018 VA examination did not comply with the Court's holding regarding estimating range of motion during flare-ups and following repeated use over a period of time, necessitating a new examination.
- Claimed conditions
- intervertebral disc syndrome with degenerative disc disease, strain, and spondylolysis of the thoracolumbar spine, sciatic radiculopathy of the right lower extremity, femoral radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 1, 2024
- Citation
- A24042966
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 A24042966.
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 appeal of the proposed reduction in disability rating for lumbar decompression and fusion with lumbosacral strain is dismissed. The Veteran's initial higher disability ratings for sciatic radiculopathy of both lower extremities are denied, but he is granted a TDIU.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are remanded due to a duty-to-assist error in the previous VA examination, which did not discount the ameliorative effects of her pain medication. The case is also remanded for consideration of TDIU as part of the evaluation of her back disability.
- Granted
The Veteran's service connection for sciatic radiculopathy of the bilateral lower extremities and TDIU are granted effective March 6, 2019.
- Granted
The Veteran's claim for an effective date of June 10, 2021, but no earlier, for a 40 percent initial rating for service-connected lumbosacral strain with degenerative disc disease and degenerative arthritis has been granted. The effective date is based on the date of receipt of the formal claim.
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.