The Board remands the matter of entitlement to a total disability rating based on individual unemployability (TDIU) prior to June 30, 2022, due to an alleged pre-decisional duty to assist error by failing to obtain private medical records.
The deciding factor: A remand is required to obtain chiropractic records pertaining to the Veteran's lumbar spine and bilateral hip disabilities for treatment received through VA Community Care dated in or around May 2022, as scanned documents are available in VistA Imaging but not associated with the claims file.
- Claimed conditions
- left knee osteoarthritis, right knee osteoarthritis, left knee scars, right knee scars, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 11, 2025
- Citation
- A25034049
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 remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
- Granted
The Board granted an effective date of April 25, 2022, for the award of service connection for tinnitus and a 100 percent initial rating for PTSD with alcohol use disorder.
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