The Veteran's initial rating of 40 percent for sciatic nerve and external popliteal nerve radiculopathy of the right lower extremity is restored effective July 16, 2019. The Veteran was denied higher ratings for femoral nerve radiculopathy of the right lower extremity.
The deciding factor: The AOJ improperly reduced the initial rating from 40 percent to 20 percent based on a finding of CUE in continuing the initial 40 percent rating effective July 16, 2019. The Veteran was entitled to restoration of the initial 40 percent rating.
- Claimed conditions
- sciatic nerve and external popliteal nerve radiculopathy of the right lower extremity, femoral nerve radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 26, 2024
- Citation
- A24086161
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 A24086161.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted a 40 percent evaluation for sciatic nerve radiculopathy of the right and left lower extremities, a 30 percent evaluation for femoral nerve radiculopathy of the right and left lower extremities, and a total disability rating based on individual unemployability (TDIU), but denied an increased evaluation in excess of 40 percent for spinal stenosis and lumbar intervertebral disc syndrome.
- Dismissed
The veteran withdrew the appeal, and there are no allegations of error for appellate consideration.
- Partly granted
The Board granted increased disability ratings for the service-connected back disability and sciatic nerve radiculopathy of both lower extremities, as well as an earlier effective date for TDIU and SMC based on the need for regular aid and attendance.
- Partly granted
The Board granted the restoration of a 20 percent disability rating for femoral and sciatic nerve radiculopathy of the right lower extremity, effective October 10, 2023. The issues related to increased ratings and service connection for sleep apnea were remanded.
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