Remanded (sent back)
The Board remands the claims for a higher disability rating as there was an error in not providing the Veteran with notice of his right to a hearing under 38 C.F.R. § 3.103(d)(1).
The deciding factor: A duty to assist error occurred prior to the December 2022 rating decision on appeal, specifically regarding the Veteran's right to a hearing.
- Claimed conditions
- Lumbar spine strain with minimal levoconvex curvature, Posttraumatic stress disorder (PTSD) with major depressive disorder, alcohol use disorder, and other substance-related disorders, Right knee tendonitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2025
- Citation
- A25012070
Want to see how appeals like this one tend to go? Appeals like mine
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