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
Veterans Law Judge
Decisions by this judge: 2,088 · Granted: 33% (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 A25042038.
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 Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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