The Board is remanding the claims for service connection for vertigo, major depression/anxiety condition, and degenerative arthritis of both hands to correct pre-decisional duty to assist errors.
The deciding factor: The RO failed to properly notify the Veteran of its difficulty in obtaining service treatment records prior to adjudicating his claim, and did not obtain a medical opinion regarding the relationship between the Veteran's vertigo and tinnitus or his psychiatric condition and his service-connected tinnitus. Additionally, there was no VA examination for the claimed degenerative arthritis of both hands.
- Claimed conditions
- Vertigo, Major Depression/Anxiety Condition, Right Hand Degenerative Arthritis, Left Hand Degenerative Arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2025
- Citation
- A25037842
Veterans Law Judge
Decisions by this judge: 2,088 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A25037842.
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 has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Remanded (sent back)
The Veteran's claims for service connection are remanded due to the need for further development, including verification of in-service stressors and toxic exposure assessments. The Board also requests a VA examination to address the etiology of his diagnosed mental health conditions and vertigo.
- Granted
The Veteran's claim for a separate rating of 30 percent for vertigo is granted, while the claim for an increased rating for tinnitus remains denied.
- Remanded (sent back)
The Veteran's claims for service connection of chronic fatigue syndrome and vertigo are being remanded due to duty-to-assist errors. The PFB claim is denied as the disability does not meet the criteria for a compensable rating.
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