The Board found that the reductions in ratings for degenerative disc disease of the thoracolumbar spine, left lower extremity sciatic nerve radiculopathy, and right lower extremity sciatic nerve radiculopathy were improper and void ab initio. The 20 percent rating for the Veteran's degenerative disc disease of the thoracolumbar spine, 10 percent rating for the Veteran's left lower extremity sciatic nerve radiculopathy, and 10 percent rating for the Veteran's right lower extremity sciatic nerve radiculopathy are restored, effective January 6, 2023.
The deciding factor: The reduction was improper because it did not meet the criteria of 38 C.F.R. § 3.344(a) and (b), which require sustained improvement in the disability to warrant a rating reduction.
- Claimed conditions
- Degenerative disc disease of the thoracolumbar spine, Left lower extremity sciatic nerve radiculopathy, Right lower extremity sciatic nerve radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2025
- Citation
- A25028184
Veterans Law Judge
Decisions by this judge: 1,432 · Granted: 29% (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 A25028184.
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.
- Granted
The Veteran's back disability is rated at 40 percent prior to January 13, 2022. Effective March 18, 2020, the Veteran is granted TDIU.
- Granted
The Veteran's low back disability is rated at 50 percent effective February 13, 2021. His left lower extremity sciatic nerve radiculopathy is rated at 80 percent from April 21, 2013 to February 12, 2021. The Veteran's TDIU claim has an earlier effective date of April 21, 2013.
- Denied
The Veteran's service-connected right lower extremity sciatic and femoral nerve radiculopathy with restless leg syndrome is currently rated at 20 percent, effective May 8, 2024. The appeal for higher ratings has been denied.
- Granted
The Veteran's service-connected degenerative disc disease and associated right and left lower extremity sciatic nerve radiculopathy disabilities have rendered him unable to secure or follow a substantially gainful occupation, and the Board has granted TDIU on this basis.
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