The Board remands the claims for a higher disability rating for degenerative disc disease with intervertebral disc syndrome and bilateral radiculopathy of the lower extremities due to an inadequate VA examination.
The deciding factor: The December 2023 VA examinations were found inadequate as they did not address whether the Veteran's symptoms would be more severe if he were not taking medication, which is required under Jones v. Shinseki and Ingram v. Collins.
- Claimed conditions
- Degenerative disc disease with intervertebral disc syndrome, Radiculopathy, right lower extremity (sciatic), Radiculopathy, left lower extremity (sciatic nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 2, 2025
- Citation
- A25103631
Veterans Law Judge
Decisions by this judge: 2,977 · Granted: 27% (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 A25103631.
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 Veteran is granted a higher evaluation rating of 70 percent for PTSD with an effective date of January 30, 2020.,The Veteran's radiculopathy, right lower extremity (sciatic) and left lower extremity (sciatic), are both granted service connection with effective dates of January 30, 2020.
- Granted
The Board granted a rating of 20 percent for both the right and left lower extremity radiculopathy, sciatic nerve, as the Veteran's conditions were found to be moderate incomplete paralysis.
- Partly granted
The Board denied service connection for bilateral hearing loss and radiculopathy, left lower extremity (sciatic nerve), while granting service connection for temporomandibular joint (TMJ) strain. The Board also granted a 30 percent rating for bilateral plantar fasciitis.
- Dismissed
The appeal for higher ratings for radiculopathy in the left and right lower extremities was withdrawn by the veteran, leading to the dismissal of these claims. However, TDIU was granted due to the impact of his service-connected disabilities on his ability to secure and follow a substantially gainful occupation.
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