The Board remands the claims for an initial compensable rating for chronic kidney disease, a total disability rating based on individual unemployability (TDIU), and basic eligibility to Dependents' Educational Assistance (DEA) due to pre-decisional duty to assist errors.
The deciding factor: Remand is necessary as the AOJ failed in its duty to assist by not seeking a retrospective opinion to estimate the severity of the Veteran's kidney disease prior to March 2024, which is inextricably intertwined with the TDIU and DEA claims.
- Claimed conditions
- Chronic kidney disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2025
- Citation
- A25043348
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 is granted special monthly compensation (SMC) at the R(1) rate due to his need for regular aid and attendance.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder and remanded the claims for sleep apnea and chronic kidney disease due to duty-to-assist errors.
- Remanded (sent back)
The Board remands the claims for service connection for an acquired psychiatric disorder, right hand tremors, left hand tremors, gout, and chronic kidney disease to obtain outstanding VA treatment records and provide a medical examination.
- Denied
The Board denied the veteran's claims for a compensable disability rating for chronic kidney disease and service connection for blurry vision, left shoulder strain, and right shoulder strain.
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