The Board is remanding all issues for development due to pre-decisional duty to assist errors, including failure to obtain relevant service and VA treatment records.

The deciding factor: There were pre-decisional duty to assist errors that require a remand: failure to obtain all available service treatment and personnel records for his full Reserve service, and failure to obtain all available VA treatment records. Additionally, there are outstanding private treatment records that may assist in substantiating the claims.

Claimed conditions

Obstructive Sleep Apnea (OSA), Posttraumatic Stress Disorder (PTSD), Acquired Psychiatric Disorder, to include Depressive Disorder or Generalized Anxiety Disorder, Neck Disability, to include Chronic Cervical Spine Pain or Chronic Myositis of the Para-cervical Spine Muscles, Low Back Disability, to include Chronic Lumbar Spine Pain (Lumbago) or Chronic Myositis of the Para-lumbar Spine Muscles, Right Shoulder Disability, to include Shoulder Strain or Degenerative Joint Disease, Left Elbow Disability, to include Elbow Strain or Degenerative Joint Disease, Right Elbow Disability, to include Elbow Strain or Degenerative Joint Disease, Left Wrist Disability, to include Wrist Strain or Degenerative Joint Disease, Right Wrist Disability, to include Wrist Strain or Degenerative Joint Disease, Left Hip Disability, to include Degenerative Joint Disease, Right Hip Disability, to include Degenerative Joint Disease, Left Knee Disability, to include Degenerative Joint Disease, Left Ankle Disability, to include Degenerative Joint Disease, Right Ankle Disability, to include Degenerative Joint Disease, Left Foot Disability, to include Degenerative Joint Disease, Right Foot Disability, to include Degenerative Joint Disease

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

May 8, 2025

Citation

A25042038