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
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 Board granted earlier effective dates of June 2, 2023, for the grant of service connection for various conditions and eligibility to Dependents' Educational Assistance.
- Partly granted
The Board granted an earlier effective date of September 1, 2016, for the 40 percent rating assigned for degenerative disc disease of the thoracolumbar spine and denied a rating in excess of 40 percent.
- Denied
The Board denied a compensable disability rating for the Veteran's posterior trunk surgical scar and remanded claims related to his bilateral lower extremity radiculopathies.
- Granted
The Board granted service connection for intervertebral disc syndrome with discectomy and laminectomy, left lower extremity sciatic nerve radiculopathy, right lower extremity sciatic nerve radiculopathy, and incontinence as secondary to the Veteran's IVDS.
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