The Board remands the matter for action consistent with a joint motion for partial remand, specifically to address whether VA satisfied its duty to assist with regard to obtaining private treatment records.
The deciding factor: Remand is needed due to the failure of VA to attempt to obtain medical records from Dr. Konicki despite the issue never being raised before and the case being appealed twice.
- Claimed conditions
- right leg muscle atrophy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 10, 2025
- Citation
- 25004910
Veterans Law Judge
Decisions by this judge: 2,199 · Granted: 25% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Read the original VA decision (opens in a new tab) using citation 25004910.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied a disability rating in excess of 60 percent for right leg muscle atrophy, finding that the evidence did not support a higher rating.
- Whole decision: Granted
The Veteran's ratings for his right tibia fracture and muscle atrophy were restored as the AOJ improperly reduced these ratings. The left knee instability rating remains unchanged, while the back condition claim was dismissed due to lack of specificity.
- Whole decision: Dismissed
Your service connection claims for various disabilities have been granted, and the issues are now dismissed as there is no longer a case or controversy.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to inadequate examination regarding the Veteran's right leg muscle atrophy and its relationship to service or service-connected conditions.
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