The Board remands the claims for an initial rating in excess of 10 percent for degenerative joint disease and degenerative disc disease of the lumbar spine, an effective date earlier than January 26, 2021, for a 60 percent rating for left lower extremity radiculopathy (sciatic nerve), and an initial compensable rating for scar, status post laminectomy.
The deciding factor: Remand is required to correct pre-decisional duty to assist errors that occurred prior to the July 2021 rating decision on appeal.
- Claimed conditions
- Degenerative joint disease and degenerative disc disease of the lumbar spine, Left lower extremity radiculopathy (sciatic nerve), Scar, status post laminectomy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 1, 2024
- Citation
- A24071067
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 granted initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Denied
The Board denied higher disability ratings for the veteran's low back and lower extremity radiculopathies, pseudofolliculitis barbae, pes planus and plantar fasciitis, and left knee patellofemoral pain syndrome.
- Granted
The Board granted higher initial ratings for the Veteran's degenerative arthritis of the thoracolumbar spine with intervertebral disc syndrome and bilateral lower extremity radiculopathies, as well as an earlier effective date for service connection.
- Denied
The Board denied the Veteran's request for an earlier effective date for service connection for degenerative arthritis of the lumbar spine and IVDS, left lower extremity radiculopathy (sciatic nerve), and right lower extremity radiculopathy (sciatic nerve).
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.