The Board remands the claims for increased disability evaluations and service connection due to errors in scheduling VA examinations.
The deciding factor: The AOJ failed to reschedule the Veteran's VA examinations upon his return to the United States, which is a violation of the duty to assist under 38 C.F.R. § 3.655.
- Claimed conditions
- bilateral pes planus with bilateral plantar fasciitis, chronic sleep disorder (unspecified), thoracolumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 12, 2025
- Citation
- A25022874
Veterans Law Judge
Decisions by this judge: 2,092 · Granted: 42% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation A25022874.
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 Veteran's claim for service connection for back condition was denied in a June 1996 Board decision. The Veteran filed an intent to file a claim form and submitted a formal application on August 30, 2023, which resulted in the award of service connection with an initial rating of 40% effective from that date.
- Granted
The Board has granted an effective date of August 14, 2024 for the award of a 40 percent rating for service-connected chronic compression fracture at T7 with lumbar spondylosis and thoracolumbar strain.
- Denied
The Veteran's service-connected disabilities did not prevent him from maintaining employment in the construction industry, and he was able to work with accommodations such as sedentary work and frequent breaks. The Board denied his claim for a TDIU.
- Remanded (sent back)
The Veteran's request for special monthly compensation based on the need for aid and attendance of another person is remanded due to a duty-to-assist error. A VA examination is needed to determine if his service-connected disabilities require regular aid and attendance.
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