The Veteran's appeal of the proposed reduction in his right lower extremity radiculopathy rating from 20% to 0% is dismissed.,His increased ratings for herniated nucleus pulposus, L5-S1, status-post operative with degenerative disc disease and left lower extremity radiculopathy are remanded.
The deciding factor: The proposed reduction in the rating for right lower extremity radiculopathy was not appealable as it was a proposal issued by the AOJ.,VA regulations require that any increase or decrease in disability ratings must be based on evidence of record at the time of issuance.
- Claimed conditions
- Radiculopathy of right lower extremity, Herniated nucleus pulposus, L5-S1, status-post operative with degenerative disc disease
- 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.
- Denied
The Veteran's radiculopathy of the left and right lower extremities were granted service connection effective October 25, 2018.,PTSD was also granted service connection effective July 10, 2007. The Veteran requested an earlier effective date for PTSD, but this was denied.
- Granted
The Veteran's service-connected disabilities render him so helpless as to need regular aid and attendance of another person, resulting in the grant of SMC at the A&A rate. The question of entitlement to SMC on account of being housebound is moot due to the grant of SMC based on A&A.
- Denied
The Board denied entitlement to initial ratings in excess of 20 percent for radiculopathy of the left and right lower extremities, finding that the Veteran's symptoms were primarily manifested by intermittent pain and moderate incomplete paralysis.
- Partly granted
The Board granted a disability rating of 20 percent for radiculopathy of the right and left lower extremities, but denied ratings in excess of 20 percent.
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