The Board remands the claims for service connection for testicular cancer and obstructive sleep apnea to correct duty to assist errors that occurred prior to the February 2024 rating decision.
The deciding factor: Remand is necessary due to unfulfilled duties under 38 U.S.C. § 5103A, including obtaining complete service personnel records and private treatment records from Kaiser Permanente.
- Claimed conditions
- testicular cancer, obstructive sleep apnea (OSA)
- How they argued it
- Not specified
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- March 24, 2025
- Citation
- A25026967
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.
- Granted
The Board granted service connection for obstructive sleep apnea (OSA) based on the Veteran's exposure to in-service chemical agents.
- Remanded (sent back)
The Board remands the claim for service connection of obstructive sleep apnea (OSA) as secondary to fibromyalgia due to a need for additional medical evidence.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
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