The Board remands the claim for an earlier effective date for TDIU to correct a duty to assist error, specifically related to VA treatment records that were not properly associated with the claims file.
The deciding factor: The April 2020 rating decision did not include any claim for increase for hepatitis and thus TDIU was not inferred as part of that matter; therefore, there was no inferred claim for TDIU at the time of the April 2020 VA decision reducing the Veteran's hepatitis disability rating.
- Claimed conditions
- Major Depressive Disorder (MDD), Lumbar Spine Disability with Lower Extremity Radiculopathy, Hepatitis C, Hallux Valgus with Hallux Rigidus and Arthritis of the Feet, Status Post Cheilectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2025
- Citation
- A25038128
Veterans Law Judge
Decisions by this judge: 1,902 · Granted: 11% (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 A25038128.
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 has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
- Granted
The Veteran's Major Depressive Disorder (MDD) is found to have begun during their active duty service and continues to this day, meeting the criteria for service connection.
- Denied
The Veteran's acquired psychiatric disorder with TBI is rated at 70 percent, but the appeal for a higher rating is denied.
- Denied
The Board denied a compensable initial rating for Hepatitis C, finding that the Veteran's condition was asymptomatic and did not meet the criteria for any higher rating.
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