The Board remands the claims for a higher rating for thoracolumbar spine herniated disc and right lower extremity radiculopathy due to inadequate VA examinations that did not consider the ameliorative effects of medication.
The deciding factor: Remand is necessary to correct pre-decisional duty-to-assist errors, specifically regarding the adequacy of VA examinations in evaluating the Veteran's disability without considering the ameliorative effects of medication.
- Claimed conditions
- right lower extremity (RLE) radiculopathy, sciatic nerve, thoracolumbar spine herniated disc L3-5 with loss of disc height lower thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2025
- Citation
- A25108458
Veterans Law Judge
Decisions by this judge: 2,316 · Granted: 43% (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 A25108458.
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 an initial rating in excess of 10 percent for right and left lower extremity radiculopathy, sciatic nerve.
- Granted
The Board granted a 20 percent rating for right and left lower extremity radiculopathy, sciatic nerve.
- Denied
The Board denied the veteran's claim for Total Disability Individual Unemployability (TDIU) prior to September 26, 2020. The decision was based on evidence showing the veteran could perform sedentary work and was gainfully employed until October 31, 2014.
- Granted
The Board has granted the veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities. However, SMC by reason of being housebound is denied as he does not meet the criteria.
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