The Board remands the claims for an initial disability rating in excess of 10 percent for thoracolumbar small disc protrusion, with intervertebral disc syndrome, disc bulge at L3-L4 and L4-L5 and degenerative disc disease, and left sciatic radiculopathy due to a need for additional evidence.
The deciding factor: The remand is necessary to correct pre-decisional duty to assist errors related to the adequacy of previous examinations and to obtain an updated assessment of the Veteran's disabilities.
- Claimed conditions
- thoracolumbar small disc protrusion, with intervertebral disc syndrome, disc bulge at L3-L4 and L4-L5 and degenerative disc disease, left sciatic radiculopathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 15, 2025
- Citation
- A25043989
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 Board denied the veteran's claims for increased ratings and other benefits, finding that the evidence did not support higher ratings or additional compensation.
- Partly granted
The Board granted a 10 percent rating for allergic rhinitis and a 20 percent rating for right sciatic radiculopathy, but denied higher ratings for left sciatic radiculopathy, chronic adjustment disorder with mixed anxiety and depressed mood, irritable bowel syndrome (IBS), service connection for chronic sinusitis, pain of the right knee, bilateral hearing loss, and chronic fatigue syndrome.
- Denied
The Board denied the veteran's claims for increased ratings and earlier effective dates for service-connected radiculopathies, as well as an earlier effective date for DEA benefits.
- Partly granted
The Board granted ratings for several knee and back conditions, including a 10 percent rating for left knee instability from June 12, 2006, to May 31, 2023, and a 20 percent rating for right sciatic radiculopathy and left sciatic radiculopathy starting January 28, 2025.
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