The Veteran's appeal is being remanded to consider the appropriate initial evaluations for his service-connected low back disabilities and radiculopathy of the bilateral sciatic nerves, including consideration of whether a higher rating may be assigned under all applicable former and current Diagnostic Codes. The TDIU issue is also being remanded.
The deciding factor: The AOJ must readjudicate the Veteran's appealed issues seeking increased initial evaluations for his service-connected low back disabilities and radiculopathy of the bilateral sciatic nerves from October 27, 2000, to the present. The matters are also being remanded to consider whether actions under 38 C.F.R. § 4.16(b) for an extraschedular TDIU are appropriate.
- Claimed conditions
- Degenerative Joint Disease, Degenerative Disc Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 30, 2024
- Citation
- A24086598
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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 Veteran was granted an earlier effective date of December 9, 2022, for a 100 percent evaluation for PTSD and DEA benefits. The claim for SMC at the 's' rate for housebound status was denied.
- Granted
The Veteran is granted a total disability rating based on individual unemployability due to her service-connected disabilities, which include posttraumatic stress disorder and various musculoskeletal conditions.
- Granted
The Board granted a higher level of SMC under 38 U.S.C. § 1114(t) for the Veteran's residuals of traumatic brain injury (TBI), effective March 2, 2022.
- Dismissed
The Veteran's appeal for an initial compensable rating for hearing loss and a higher rating for PTSD is dismissed.,The Veteran's appeals for service connection for low back disability, hypertension, tinnitus, and a mental disorder are dismissed.
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