The Board of Veterans' Appeals remands the claims for service connection for various recurrent disabilities to allow for further development and verification of the Veteran's periods of active duty, active duty for training, and inactive duty for training with the California Air National Guard.
The deciding factor: The decision was based on a pre-decisional error in verifying the Veteran's complete periods of active duty, active duty for training, and inactive duty for training with the California Air National Guard.
- Claimed conditions
- Recurrent esophageal disability to include GERD, Recurrent respiratory disability to include asthma, Recurrent sleep disability to include obstructive sleep apnea, Recurrent right great toe disability to include hallux valgus, Recurrent left great toe disability to include hallux valgus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 31, 2025
- Citation
- A25029545
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.
- Remanded (sent back)
The Board of Veterans' Appeals remands the issues of service connection for bilateral hearing loss, a recurrent sleep disability to include obstructive sleep apnea, and ratings for atrial fibrillation and a right groin scar due to unverified periods of active duty with the Florida Air National Guard.
- Remanded (sent back)
The Board remands the claims for a recurrent lumbar spine disability and a recurrent sleep disability to obtain additional evidence and ensure an adequate medical examination.
- Denied
The Board denied service connection for a psychiatric disability to include PTSD, major depressive disorder, and generalized anxiety disorder as the Veteran's claimed in-service stressors were not verified and there was no competent evidence linking his current disabilities to active service.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to pre-decisional errors in not verifying periods of active duty, active duty for training, and inactive duty for training with various reserve units and in obtaining adequate medical examinations.
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