The Board of Veterans' Appeals remands the Veteran's claims for increased ratings for various service-connected conditions due to an error by the Agency of Original Jurisdiction in failing to provide notice of the Veteran's right to a pre-decisional hearing.
The deciding factor: Remand is required to correct an error by the AOJ in failing to notify the Veteran of his right to a pre-decisional hearing prior to issuance of a decision on the issues on appeal.
- Claimed conditions
- diabetes mellitus with erectile dysfunction, mild proteinuria with hypertension, and retinopathy/cataracts, right upper extremity peripheral neuropathy, left upper extremity peripheral neuropathy, right lower extremity peripheral neuropathy of the sciatic nerve, left lower extremity peripheral neuropathy of the sciatic nerve, right lower extremity peripheral neuropathy of the femoral nerve, left lower extremity peripheral neuropathy of the femoral nerve
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2025
- Citation
- A25043363
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.
- Denied
The Board denied service connection for segmental colitis associated with diverticulosis, small bowel obstruction, to include small bowel perforation, status post left hemicolectomy, Hartman's pouch and ileostomy (bowel condition), as well as right and left upper and lower extremity peripheral neuropathy.
- Partly granted
The Board granted a 30 percent rating for asthma but denied all other claims, including service connection for various conditions and a compensable rating for scars between the scapulae.
- Partly granted
The Board granted initial ratings of 70 percent for right upper extremity peripheral neuropathy, 60 percent for left upper extremity peripheral neuropathy, and 30 percent each for right and left lower extremity peripheral neuropathy (femoral and sciatic nerves), while denying an increased rating for allergic rhinitis and granting a 10 percent rating for chloracne of the face, arms, and back prior to September 27, 2018.
- Denied
The Board denied higher ratings for the service-connected peripheral neuropathy of the upper and lower extremities both prior to and from May 25, 1999.
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