The Board remands all claims for service connection due to a pre-decisional duty to assist error and the failure to reschedule VA examinations.
The deciding factor: The AOJ failed to acquire the Veteran's VA treatment records and did not properly reschedule his missed VA examinations, necessitating a remand.
- Claimed conditions
- sleep apnea, right shin splint, left shin splint, right elbow pain, back pain, right knee pain, left knee pain, right hand arthritis, asthma (claimed as shortness of breath), bronchitis, right shoulder condition, ear infection, hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 15, 2025
- Citation
- A25043967
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 Board granted service connection for scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Denied
The Board denied increased ratings for the Veteran's lumbar spine pain, allergic rhinitis, and recurrent yeast infections. The claims for service connection for generalized anxiety disorder with alcohol use disorder and left knee pain were remanded.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
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