The Board remands the claims for service connection for radiculopathy of the left and right lower extremities, as they are inextricably intertwined with the claim for a back disorder.
The deciding factor: The claims are inextricably intertwined because the outcome of the back disorder claim will impact the adjudication of the radiculopathy claims.
- Claimed conditions
- Radiculopathy of the left lower extremity (LLE), Radiculopathy of the right lower extremity (RLE)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2024
- Citation
- A24067903
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.
- Partly granted
The Board granted an initial 70 percent rating for PTSD with TBI, a 20 percent rating effective July 13, 2023 for degenerative arthritis of the thoracolumbar spine and thoracic disc degeneration, and a separate 10 percent rating effective July 13, 2023 for radiculopathy of the right lower extremity. The Board denied higher ratings for cervical spine conditions, bilateral upper extremity radiculopathy, and other conditions including hearing loss, fractured finger, and deviated nasal septum, while remanding two issues for further consideration.
- Denied
The appeal for an initial rating in excess of 10 percent left peroneal nerve impairment and the propriety of separate ratings for radiculopathy of the right and left lower extremities were denied.
- Partly granted
The Board granted an initial 20 percent rating for radiculopathy of the right lower extremity, a 70 percent rating for posttraumatic stress disorder (PTSD), and service connection for irritable bowel syndrome and gastroesophageal reflux disease as secondary to PTSD. The Board also granted an initial 50 percent rating for migraine headaches effective August 26, 2022.
- Partly granted
The Board granted an effective date of January 10, 2019, for the award of separate ratings for radiculopathy of the left and right lower extremities but denied initial ratings in excess of 10 percent for these conditions.
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