The Board remands the claims for a disability rating greater than 20 percent or 40 percent, as appropriate, for service-connected lumbar and cervical spine disabilities, right and left lower extremity femoral and sciatic radiculopathy, and right and left upper extremity neuropathy/radiculopathy prior to specified dates. The claims are remanded so that retrospective medical opinions can be provided addressing the severity of each disability over the entire course of the period on appeal.

The deciding factor: The VA examination reports did not provide a specific measurement or estimate based on the Veteran's description of symptoms and previous medical examinations, without speculation, as required by law. Additionally, it is unclear which nerves are involved in the Veteran's disability and when such involvement had onset.

Claimed conditions

Lumbar strain with degenerative arthritis of the spine, Degenerative arthritis of the cervical spine, status post fusion, Right lower extremity femoral nerve radiculopathy, Left lower extremity femoral radiculopathy, Right lower extremity sciatic radiculopathy, Left lower extremity sciatic radiculopathy, Right upper extremity neuropathy/radiculopathy, Left upper extremity neuropathy/radiculopathy, Cervical sebaceous cysts with tinea corpora

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

March 11, 2025

Citation

25003370

Want to see how appeals like this one tend to go? Appeals like mine