The Board denied increased ratings for left and right lower extremity radiculopathy, but remanded claims for higher ratings of the knee arthroplasties, hip bursitis, lumbar spine disability, and TDIU.
The deciding factor: The evidence did not support a finding of moderate or severe incomplete paralysis of the sciatic nerve affecting the lower extremities. The Board found that there was no significant functional loss during flare-ups to warrant higher ratings.
- Claimed conditions
- left lower extremity radiculopathy, right lower extremity radiculopathy, right total knee arthroplasty, left total knee arthroplasty, right hip trochanteric bursitis (flexion limitation), right hip trochanteric bursitis (thigh impairment), degenerative arthritis of the lumbar spine with spondylosis, total disability rating based on individual unemployability due to service-connected disabilities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 1, 2025
- Citation
- A25040079
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 Board denied earlier effective dates for the grant of service connection and granted initial 40 percent ratings for left upper extremity CTS, right lower extremity radiculopathy, and left lower extremity radiculopathy.
- Partly granted
The Veteran's award of total disability based on individual unemployability (TDIU) is granted effective from April 15, 2017, solely based on his unspecified anxiety disorder. The claim for an earlier effective date for service connection for right lower extremity radiculopathy was denied.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) housebound status, but dismissed the claims for initial ratings in excess of 40 percent for lumbosacral spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy.
- Partly granted
The Board granted initial disability ratings of 40 percent for right and left lower extremity radiculopathy, a 20 percent rating for lumbar spine disability, denied an increased rating for obstructive sleep apnea with asthma, granted TDIU from May 7, 2021, and SMC from September 10, 2021.
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