The Board denied the claims for earlier effective dates and remanded the claims for higher ratings due to pre-decisional duty-to-assist errors.
The deciding factor: The decision was based on the lack of new and relevant evidence prior to September 25, 2023, and the need for a separate VA peripheral nerves examination for accurate rating assessment.
- Claimed conditions
- Intervertebral disc syndrome to include degenerative arthritis with levoconvex scoliosis, Right lower extremity radiculopathy of the sciatic nerve, Left lower extremity radiculopathy of the sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 10, 2025
- Citation
- A25097697
Veterans Law Judge
Decisions by this judge: 913 · Granted: 41% (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 A25097697.
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 has granted a rating of 20 percent for the Veteran's right lower extremity radiculopathy of the sciatic nerve, finding that it most nearly approximated moderate incomplete paralysis.
- Granted
The Board has granted an initial disability rating of 40 percent for right lower extremity radiculopathy of the sciatic nerve, which is considered moderately severe incomplete paralysis.
- Granted
The Board has granted service connection for degenerative arthritis and spinal stenosis with L3-L5 disc herniation (lumbar disability), left lower extremity radiculopathy of the sciatic nerve, and right lower extremity radiculopathy of the sciatic nerve. The Board found that these conditions are related to service.
- Denied
The Veteran's service-connected conditions do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of loss of use resulting from his disabilities.
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