The Board remands the claims for service connection for various conditions, including cervical strain, lumbosacral strain and bilateral lower extremity radiculopathy, knee strains, psychiatric disorders, hypertension, obstructive sleep apnea, tinnitus, shoulder disabilities, breathing disability, foot disability, headache disability, and joint disability, to provide the Veteran an additional opportunity for examinations and opinions.
The deciding factor: The Board finds that there was a statutory obligation to give the Veteran another opportunity for examinations and opinions, and that the failure to provide such constituted a pre-decisional violation of the duty to assist.
- Claimed conditions
- cervical strain, lumbosacral strain and bilateral lower extremity radiculopathy, left knee strain, right knee strain, psychiatric disorder, anxiety, psychiatric disorder, depression, psychiatric disorder, sleep disorder, hypertension (HTN), obstructive sleep apnea (OSA), tinnitus, left shoulder disability, right shoulder disability, breathing disability, bilateral foot disability, headache disability, joint disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2025
- Citation
- A25039373
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 an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Granted
The Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- 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.
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