The Board remands the claims for service connection due to a lack of complete National Guard records and outstanding non-VA medical records, as well as inadequate VA opinions.
The deciding factor: Inadequate VA opinions and missing records necessitate further development before a decision can be made on the merits.
- Claimed conditions
- back disability (scoliosis - back pain upper lower), acquired psychiatric disorder (depression), vertigo, migraines, bilateral wrist disability (wrist pain, rheumatoid arthritis), right foot disability (pain bunionectomy), left eye disability (torn retina)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2025
- Citation
- 25005920
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Denied
The Board denied the Veteran's claims for service connection for vertigo and a total disability rating based on individual unemployability (TDIU) due to insufficient evidence linking his current condition to active service or any incident of service.
- Denied
The Board denied the Veteran's appeal for an initial rating in excess of 30 percent for migraines, finding that his symptoms more closely approximate a 30 percent disability rating.
- Remanded (sent back)
The Board remands the claim for service connection for migraines, including as secondary to cervical strain, due to pre-decisional duty to assist errors in not translating relevant Spanish documents and ensuring a VA examiner considered all evidence.
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