The Board remands the claims for a rating in excess of 10 percent for service-connected lumbosacral strain, spondylosis, and facet arthropathy, left lower extremity radiculopathy of the sciatic nerve, and right lower extremity radiculopathy of the sciatic nerve to correct a pre-decisional duty to assist error in order to obtain missing VA treatment records and private treatment records.
The deciding factor: A remand is warranted to correct a pre-decisional duty to assist error in order to obtain missing VA treatment records and private treatment records.
- Claimed conditions
- lumbosacral strain, spondylosis, and facet arthropathy, left lower extremity radiculopathy of the sciatic nerve, right lower extremity radiculopathy of the sciatic nerve
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 10, 2025
- Citation
- A25033566
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 service connection for lumbosacral strain, finding that the Veteran's low back injury occurred during a period of active duty for training (ADT) and continued therefrom.
- Partly granted
The Board granted a 20 percent rating for right leg sciatica with radiculopathy pain and paresthesia, but denied increased ratings for PTSD, lumbosacral strain, left wrist limitation of motion with ganglion cyst, and service connection for headaches, unspecified. Several issues were remanded.
- Dismissed
The appeals for restoration of ratings and for a higher disability rating were dismissed as the April 2025 rating decision did not make final decisions on these issues.
- Partly granted
The Board denied a disability rating greater than 10 percent for tinnitus and a rating greater than 20 percent for lumbosacral strain, but granted a 20 percent rating for left lower extremity sciatic radiculopathy and right lower extremity sciatic radiculopathy.
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