The Board remands the claims for service connection for acid reflux, irritable bowel syndrome (IBS), bilateral knee disorders, peri-anal abscess, and sleep apnea due to pre-decisional duty to assist errors.
The deciding factor: The November 2020 examinations and opinions are inadequate, and the AOJ committed pre-decisional duty to assist errors in not providing an examination for sleep apnea and plantar fasciitis.
- Claimed conditions
- acid reflux, irritable bowel syndrome (IBS), left knee disorder, plantar fasciitis, peri-anal abscess (also claimed as anal fissure, hemorrhoids, and/or scars), right knee disorder, obstructive sleep apnea
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2025
- Citation
- A25041252
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.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical opinion on whether plantar fasciitis was aggravated by active duty training.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for obstructive sleep apnea due to a duty to assist error.
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