The Board remands the claims for a higher rating of left anterior compartment muscle fasciotomy and left lower extremity neuropathy due to pre-decisional duty to assist errors.
The deciding factor: Remand is required to correct pre-decisional duty to assist errors, including obtaining private medical records and addressing an inadequate VA examination report.
- Claimed conditions
- Left anterior compartment muscle fasciotomy, Left lower extremity neuropathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 5, 2025
- Citation
- A25040911
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 service connection for diabetes mellitus, type II and neuropathy of the extremities due to in-service exposure to herbicide agents. The claims for a sinus disorder and facial skin disorder were remanded.
- Remanded (sent back)
The Board remands the claims for service connection due to inadequate VA opinions.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus type II and various neuropathies due to the need for additional medical evidence.
- Partly granted
The Board granted service connection for pancreatic cancer with cholangitis under the PACT Act, and for right and left upper and lower extremity neuropathy as secondary to pancreatic cancer. The claims for a headache disability and obstructive sleep apnea were denied.
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