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
Veterans Law Judge
Decisions by this judge: 1,421 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 25003370.
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 claims for increased ratings for right and left lower extremity femoral radiculopathy were denied as his disability did not more nearly approximate severe incomplete paralysis during the review period.
- Granted
Effective dates of June 4, 2022 are granted for service connection for unspecified anxiety disorder, lumbosacral strain with degenerative arthritis and disc disease, IVDS, spondylosis, scoliosis and healed compression fracture of T7, right lower extremity sciatic radiculopathy, and right lower extremity femoral radiculopathy.,Effective date of October 5, 2023 is granted for service connection for gastroesophageal reflux disease (GERD).
- Granted
The Veteran is granted a TDIU due to his service-connected disabilities preventing him from obtaining and maintaining substantially gainful employment.
- Granted
The reduction of the Veteran's evaluation for his back disability from 60 percent to 40 percent was improper, and the appeal is granted. The rating in excess of 60 percent for a back disability is denied. The ratings in excess of 20 percent for right lower extremity radiculopathy and left lower extremity radiculopathy are also denied.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.