The Veteran's initial rating for service-connected left lower extremity radiculopathy (sciatic nerve) is being remanded due to a duty to assist error. The AOJ must obtain private medical records from October 2018 to March 2022, including EMG testing results and operation reports related to the Veteran's nerve stimulator.
The deciding factor: The Board observed that VA became aware of potentially relevant private medical records before assigning an initial rating for the Veteran's left lower extremity radiculopathy. The AOJ must request these records from the Veteran or obtain them on his behalf.
- Claimed conditions
- left lower extremity radiculopathy (sciatic nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 26, 2024
- Citation
- A24078248
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 A24078248.
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's lumbosacral strain with IVDS and associated radiculopathies of the left and right lower extremities are granted at a 40 percent rating prior to December 27, 2023, and denied for ratings in excess of this level from that date.
- Remanded (sent back)
The Veteran's claims for increased evaluations for service-connected left and right lower extremity radiculopathy are being remanded due to a scheduling error.
- Dismissed
The Veteran's claims for service connection and increased ratings have been dismissed. The Board has also remanded the case to obtain VA examinations and opinions regarding the etiology of his claimed disabilities.
- Granted
An effective date of December 4, 2017, but no earlier, is granted for the grant of service connection for left lower extremity radiculopathy (femoral nerve) and left lower extremity radiculopathy (sciatic nerve). An initial evaluation higher than 20 percent for these conditions is denied.,An effective date of December 4, 2017, but no earlier, is granted for the grant of special monthly compensation (SMC) based on housebound criteria. An earlier effective date for service connection for low back disability is denied.
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