The appeal of the proposed reduction in rating for radiculopathy, right lower extremity from 20% to 0%, is dismissed.,Entitlement to a rating in excess of 20% for herniated nucleus pulposus, L5-S1, status-post operative with degenerative disc disease, is denied.,The Veteran's radiculopathy claims are remanded due to the need for additional VA examinations.
The deciding factor: There was no specific error of fact or law in the proposed reduction decision and it cannot be appealed. The Veteran disagreed with a different rating decision that increased his right lower extremity radiculopathy from 20% to 10%. The Board dismissed the appeal of the proposed reduction.,The criteria for a higher rating have not been more nearly approximated, and the evidence does not support a higher rating. The Veteran's back disability is adequately compensated by the current 20% rating under Diagnostic Code 5237.,VA regulations require that the Veteran be provided with a new VA peripheral nerves examination to assess his radiculopathy symptoms due to lack of detail in previous examinations.
- Claimed conditions
- rheumatoid arthritis, degenerative disc disease, herniated nucleus pulposus, L5-S1, radiculopathy, right lower extremity, radiculopathy, left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2024
- Citation
- A24075784
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 A24075784.
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.
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- Denied
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- Dismissed
The appeal for service connection for rheumatoid arthritis was dismissed due to a untimely notice of disagreement. The left knee disorder claim is remanded for further action.
- Partly granted
The Board denied an earlier effective date for the grant of a 70 percent rating for PTSD and granted an effective date of May 31, 2004, but no earlier, for the award of a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).
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