The Board remands the claims for an initial rating in excess of 40 percent for a low back disability, an initial rating in excess of 10 percent for sciatic nerve radiculopathy of the left lower extremity, and entitlement to a TDIU due to pre-decisional duty to assist errors.
The deciding factor: The Board finds that there are outstanding non-VA treatment records and insufficient detail in the VA examination reports, which must be corrected before making a final decision on the claims.
- Claimed conditions
- Degenerative arthritis of the lumbar spine with intervertebral disc syndrome (low back disability), Sciatic nerve radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2025
- Citation
- A25034501
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 effective date of April 22, 2020, for compensable ratings and service connection for sciatic nerve radiculopathy in the right and left lower extremities.
- Denied
The Board denied entitlement to increased ratings for right ankle, right ankle scar, low back, femoral nerve, and sciatic nerve disabilities.
- Partly granted
The Board denied increased ratings for the Veteran's lower back disability, sciatic nerve radiculopathy of both lower extremities, and internal and external cutaneous nerve radiculopathies. However, it granted restoration of a 40 percent rating for sciatic nerve radiculopathy in both lower extremities from April 1, 2020, and awarded TDIU effective February 1, 2019.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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