Remanded (sent back)
The Board remands the claims for increased ratings and TDIU due to pre-decisional duty to assist errors.
The deciding factor: Remand is necessary to correct pre-decisional duty to assist errors, including failure to consider flare-ups in determining range of motion and ameliorating effects of medication on functional impairment.
- Claimed conditions
- Degenerative disc disease, L5-S1, Radiculopathy, left lower extremity affecting the sciatic nerve, Radiculopathy, left lower extremity affecting the femoral nerve, Radiculopathy, right lower extremity affecting the sciatic nerve, Radiculopathy, right lower extremity affecting the femoral nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2025
- Citation
- A25084793
Want to see how appeals like this one tend to go? Appeals like mine
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