The Board remands the case for an aid and attendance examination to assess the Veteran's functional impairment due to his service-connected disabilities.
The deciding factor: The AOJ failed to afford the Veteran a VA examination in light of the lay statements and outpatient treatment records, which constitutes a pre-decisional error under the Appeals Modernization Act (AMA).
- Claimed conditions
- Low back degenerative changes, Right ankle degenerative changes, Left lower extremity radiculopathy, Right lower extremity radiculopathy, Diabetes mellitus type II, Acne vulgaris, Right knee degenerative changes, Left knee degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2025
- Citation
- A25035698
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 claims for service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
- 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.
- Dismissed
The Board dismissed the petitions to reopen claims for service connection for diabetes mellitus type II and a right wrist condition due to the withdrawal of the appeals by the Veteran's attorney.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.