The Board remands the claims for service connection for a psychiatric disorder, respiratory disorder, and sleep apnea due to pre-decisional errors in verifying all periods of service and failing to obtain necessary examinations.
The deciding factor: The AOJ made pre-decisional errors that require correction through a remand, including inadequate verification of all periods of service and failure to properly order VA examinations for the claimed conditions.
- Claimed conditions
- Psychiatric Disorder, Respiratory Disorder (COPD), Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2025
- Citation
- A25044448
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 an increased initial evaluation of 70 percent for PTSD but denied evaluations in excess of 10% for tension headaches and in excess of 30% for IBS, and denied service connection for chronic fatigue syndrome. The claims for additional service connections were remanded.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including a back disability, right and left lower extremity peripheral nerve disabilities, a right foot disability, sleep apnea, bilateral hearing loss, and tinnitus, to correct pre-decisional duty to assist errors.
- Denied
The Board denied the Veteran's appeal for an earlier effective date for a TDIU and remanded several service connection claims.
- Partly granted
The Board granted a 100 percent disability rating for PTSD, NCD, and TBI prior to May 4, 2023, and restored the 10 percent rating for GERD effective June 8, 2023.
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