The Board remands all claims for the RO to correct pre-decision duty-to-assist errors.
The deciding factor: The record reveals duty-to-assist errors that occurred prior to the January 2022 rating decision, and a remand is required to correct these errors.
- Claimed conditions
- Post right ankle fracture, Low back condition, Left leg radiculopathy, to include as secondary to low back condition, Right leg radiculopathy, to include as secondary to low back condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 15, 2025
- Citation
- A25043784
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.
- Partly granted
The Veteran was granted a 40% rating for his low back condition and a 60% rating for left lower extremity radiculopathy of the sciatic nerve, while other claims were denied.
- Denied
The Board denied the veteran's claims for service connection for a low back condition, tinnitus, and bilateral hearing loss as there was no evidence of an in-service injury or event that caused these conditions.
- Denied
The Board denied service connection for the Veteran's low back, neck, right hand, left hand, right knee, and left knee conditions as there was no evidence to support a finding that these conditions were related to active service or caused by any service-connected disability.
- Denied
The Board denied increased ratings for the Veteran's low back condition, left lower extremity radiculopathy, and left hip conditions as there was no evidence of a worsening of symptoms beyond what was shown at the September 2023 VA examination.
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