The Board remands the claims for service connection for headaches, neck disability, back disability, left knee disability, left shoulder disability, and radiculopathy of the upper and lower extremities to correct a duty to assist error.
The deciding factor: The VA examinations provided prior to the Rating Decision on appeal were found inadequate due to lack of consideration of lay assertions and medical evidence of record.
- Claimed conditions
- headaches, neck disability, back disability, left knee disability, left shoulder disability, radiculopathy of the right lower extremity (RLE), radiculopathy of the left lower extremity (LLE), radiculopathy of the right upper extremity (RUE), radiculopathy of the left upper extremity (LUE)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2025
- Citation
- A25044730
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.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
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