The Board has remanded the claims for chronic left Achilles tendonitis, residuals of pneumonia with left lower lung scar and COPD, and TDIU due to missing private records from Kaiser Permanente. The Appellant must be notified about the availability of these records.
The deciding factor: The VA failed to provide adequate notice regarding the unavailability of the requested private records as required by regulation.
- Claimed conditions
- chronic left Achilles tendonitis, residuals, chronic pneumonia with left lower lung scar and COPD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 29, 2020
- Citation
- 20081503
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
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Other Board decisions on a similar condition or argued the same way.
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- Granted
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The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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