The Board has remanded the claims for service connection for various conditions, including allergic rhinitis, TMJ, cervical strain, and others, to correct a duty to assist error that occurred prior to the April 2024 rating decision on appeal.
The deciding factor: A VA examination and medical opinion are required to determine whether each condition had its onset in service or is otherwise related to service due to the lack of documentation in the Veteran's treatment records and his competent lay statements regarding the timing and onset of symptoms.
- Claimed conditions
- Allergic rhinitis, Temporomandibular joint syndrome (TMJ), Cervical strain, Left shoulder pain, Right shoulder pain, Left elbow condition, Right elbow condition, Left wrist, Right wrist, Lower back pain, Hip pain, left, Hip pain, right, Ankle pain, Left foot pain, Right foot pain, Left lower extremity radiculopathy, Right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2025
- Citation
- A25028077
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 Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
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