The appeal is remanded to correct a pre-decisional duty to assist error by the Agency of Original Jurisdiction before the September 2020 rating decision on appeal was issued.
The deciding factor: Remand is necessary due to an error in failing to provide notice of the right to a pre-decisional hearing under 38 C.F.R. �� 3.103 (b)(1) and (d)(1).
- Claimed conditions
- lumbar spine degenerative arthritis L4-L5, degenerative arthritis with intervertebral disc syndrome (IVDS) and degenerative disc disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 1, 2025
- Citation
- A25029818
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.