The Board vacated its previous decisions and remanded the claims for earlier effective dates of service connection and TDIU due to an erroneous understanding of the Veteran's election for Higher-Level Review.
The deciding factor: The remand was necessary because the Board had incorrectly understood the Veteran's request for a Higher-Level Review, which affected the proper adjudication of the claims.
- Claimed conditions
- sciatic radiculopathy of the left lower extremity, radiculopathy in the common peroneal, deep peroneal and tibial nerve distribution of the left lower extremity, radiculopathy of the common peroneal, deep peroneal and tibial nerve distribution of the right lower extremity, radiculopathy of the femoral nerve distribution of the right lower extremity, radiculopathy of the femoral nerve distribution of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2025
- Citation
- A25049186
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 granted an initial 20 percent rating for sciatic radiculopathy of the left lower extremity and a total disability rating due to individual unemployability prior to April 29, 2019.
- Partly granted
The Board granted service connection for allergic rhinitis and remanded the other claims for further development.
- Remanded (sent back)
The Board remands the claims for additional evidentiary development, including obtaining an addendum opinion regarding the etiology of the Veteran's colon cancer and any outstanding VA treatment records.
- Denied
The Board denied the veteran's claims for earlier effective dates for higher ratings for sciatic and femoral nerve radiculopathy of the bilateral lower extremities and lumbosacral strain, as the earliest date VA received his intent to file a claim was November 30, 2023.
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