The Board remands the claims for service connection and increased ratings due to a duty to assist error, as the Veteran was not properly notified of his scheduled examinations.
The deciding factor: A duty to assist error occurred because the Veteran was not properly notified of his scheduled examinations, thus requiring remand for proper notification and examination.
- Claimed conditions
- adjustment disorder with mixed anxiety and depressed mood, chronic, bilateral chronic knee arthritis (claimed as chronic numbness bilateral legs), erectile dysfunction, erythromelalgia, partial collapsed lung, lower back sciatica, sleep apnea, tendonitis hip joints, vertigo, gastroesophageal reflux disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2025
- Citation
- A25043236
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.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
- Partly granted
The Board granted earlier effective dates for TDIU and DEA, but denied increased ratings for various service-connected conditions.
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