The Board remands the matter for further development, including obtaining private treatment records and a retrospective opinion from a competent medical professional.
The deciding factor: The Board erred in its duty to assist by failing to obtain relevant private treatment records and providing an inadequate statement of reasons or bases when it overlooked relevant evidence. The Board also failed to define the subjective terms of degree under Diagnostic Code 8520.
- Claimed conditions
- sciatica of the left lower extremity
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 25, 2024
- Citation
- 24033421
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 granted an initial rating of 20 percent for the Veteran's sciatica of the left lower extremity, finding that the evidence supports moderate incomplete paralysis.
- Remanded (sent back)
The Board remands the claim for service connection for sciatica of the left lower extremity due to a need for an addendum opinion.
- Partly granted
The Board granted a disability rating of 40 percent for the right lower extremity sciatica and denied higher ratings for both left and right lower extremities, as well as service connection for incomplete paralysis of the right external popliteal nerve and TDIU.
- Granted
The Board granted an effective date of January 22, 2021, for the assignment of a 40 percent evaluation for service-connected lumbosacral strain with degenerative arthritis and for the award of service connection sciatica of the left lower extremity.
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