The Board remands the case for further development to ensure compliance with VA's duty to assist, specifically regarding the failure to obtain outstanding private treatment records.
The deciding factor: The Joint Motion found that there was no indication in the record that VA communicated the result of its attempts to obtain relevant records from Seaside Hospital to the Veteran or made further attempts to obtain the records. Therefore, a remand is necessary to ensure compliance with the duty to assist.
- Claimed conditions
- left hand disorder, left arm disorder (secondary to left hand disorder), left shoulder disorder (secondary to left hand disorder)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 11, 2025
- Citation
- 25004943
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.
- Denied
The Board denied service connection for multiple disorders, including left and right knee disorders, hypertension, left hand, foot, leg, and arm disorders, fibromyalgia, and chronic fatigue syndrome (CFS), as there was no evidence of in-service incurrence or a nexus to service.
- Dismissed
The appeal for service connection for a left hand disorder was dismissed due to the untimely filing of the notice of disagreement.
- Dismissed
The Veteran withdrew the appeal for all issues, including service connection and rating claims.
- Remanded (sent back)
The Board remands the claims for service connection for a back disorder, gout, hypertension, a left hand disorder, and type II diabetes mellitus due to a pre-decisional duty to assist error.
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