The Board remands the claims for a kidney condition and hysterectomy due to pre-decisional duty to assist errors, including failure to obtain relevant VA treatment records and inadequate medical opinions.
The deciding factor: The Board finds that there were pre-decisional duty to assist errors related to obtaining relevant VA treatment records and providing adequate medical opinions regarding the etiology of the Veteran's kidney condition and hysterectomy due to toxic exposure risk activities in Southwest Asia.
- Claimed conditions
- Kidney condition, Hysterectomy
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- March 18, 2025
- Citation
- A25024797
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 the Veteran's appeal for a total disability rating for compensation based on individual unemployability due to service-connected disabilities prior to January 19, 2022.
- Partly granted
The Board granted service connection for liver cancer and a kidney condition, but denied service connection for a prostate condition.
- Denied
The Board denied service connection for all claimed conditions as there was no evidence of a current disability or an etiological link to the Veteran's military service.
- Partly granted
The Board granted service connection for degenerative disc disease but denied it for a kidney condition.
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