The Board remands the claims for service connection for residuals of right ankle sprain, allergies, bilateral flat feet, and a psychiatric disorder to provide notice regarding the Veteran's right to a hearing.
The deciding factor: The Board erred in failing to remand under 38 C.F.R. § 20.802(a) for a correction of an error by the agency of original jurisdiction in satisfying a regulatory duty related to the Veteran's right to a hearing.
- Claimed conditions
- Residuals of right ankle sprain, Allergies, to include allergic rhinitis, allergic conjunctivitis, and allergic reactions to specific allergens, Bilateral flat feet, Psychiatric disorder, to include as secondary to bilateral flat feet
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 19, 2025
- Citation
- A25044733
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 obstructive sleep apnea, bilateral cataracts, dry eye syndrome, allergic conjunctivitis, valvular heart disease, cardiomyopathy, and atrial fibrillation as the evidence did not support a finding that these conditions were incurred in or caused by an in-service event.
- Remanded (sent back)
The Board remands the claim for service connection for allergic conjunctivitis and blepharitis due to an inadequate medical opinion.
- Partly granted
The Board grants the appeal for readjudicating the claim of service connection for a psychiatric disorder due to new and relevant evidence being received.
- Partly granted
The Board granted a 70 percent initial evaluation for the Veteran's service-connected psychiatric disorder and TDIU, but remanded claims for service connection for diabetes, lumbar condition, cervical condition, lung condition, and left and right lower extremity neuropathy.
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