The Board remands the claims for service connection for bilateral shin splints, rhinitis, a respiratory disorder claimed as shortness of breath, and a sleep disorder claimed as sleep disturbances and stress to correct duty to assist errors that occurred prior to the rating decision on appeal.
The deciding factor: Remand is necessary due to missing scheduled VA examinations with good cause shown for the Veteran's hospitalization during service.
- Claimed conditions
- bilateral shin splints, rhinitis, respiratory disorder, claimed as shortness of breath, other than rhinitis, sleep disorder, claimed as sleep disturbances and stress, other than chronic sleep impairment associated service-connected major depressive disorder, recurrent, moderate with unspecified anxiety disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 10, 2025
- Citation
- A25033686
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 service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
- Partly granted
The appeal for service connection for allergic rhinitis and lumbosacral or cervical strain was dismissed due to untimeliness, while the other issues were remanded for further evidence.
- Denied
The Board denied the veteran's claims for service connection and increased ratings, finding that the evidence did not support an increase in disability or a link to service.
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