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
Veterans Law Judge
Decisions by this judge: 2,272 · Granted: 31% (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 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.
- Remanded (sent back)
The Board has determined that the Veteran's claims for increased ratings for his service-connected right and left lower extremity neuropathy require additional development due to missing medical evidence, specifically an EMG from June 2023. The VA examinations also did not consider the ameliorative effects of medication on the severity of the disability.
- Granted
The Veteran's service connection for coronary artery disease (CAD) and gastroesophageal reflux disease (GERD), both due to herbicide exposure, is granted.,Service connection for GERD secondary to PTSD is also granted. The Veteran has left lower extremity neuropathy but no current diagnosis of left upper or right lower extremity neuropathy.
- 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.
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