The Board is remanding the Veteran's claims to the AOJ for correction of pre-decisional duty to assist errors.
The deciding factor: The AOJ failed to adequately address whether the Veteran underwent a hysterectomy during periods of ACDUTRA and/or INACDUTRA, which constitutes a pre-decisional duty to assist error that must be corrected. Additionally, the VA examiner's nexus opinions are inconsistent with STRs and other evidence of record.
- Claimed conditions
- Residuals of hysterectomy and/or fibroids, Osteopenia and/or osteoporosis, Obstructive sleep apnea (OSA), Proximal fracture of the fifth digit of the left foot (left foot disability), Chronic obstructive pulmonary disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 5, 2025
- Citation
- A25040851
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.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- 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.
- Denied
The appeal for service connection for PTSD was dismissed, and the claims for a compensable rating for the lower back scar, service connection for COPD, and peripheral artery disease were denied.
- Denied
The Board denied the veteran's claims for service connection for PTSD, COPD, a gastrointestinal disability, and migraines due to lack of evidence supporting a link between these conditions and her military service.
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