The claims for service connection for headaches, cervical radiculopathy of the left upper extremity (LUE), right squamous cell carcinoma of the vocal cord, and chronic fatigue syndrome (CFS) are remanded due to a pre-decisional duty to assist error.
The deciding factor: Remand is required to provide the Veteran with notice of his right to participate in a pre-decisional RO hearing on the instant matter.
- Claimed conditions
- headaches, cervical radiculopathy of the left upper extremity (LUE), right squamous cell carcinoma of the vocal cord, chronic fatigue syndrome (CFS)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 29, 2025
- Citation
- A25047780
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 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.
- Partly granted
The Board denied service connection for chronic fatigue syndrome and denied higher ratings for sinusitis, allergic rhinitis, and lumbosacral strain. However, the Board granted initial 20 percent ratings for left lower extremity radiculopathy, femoral nerve, and sciatic nerve.
- Remanded (sent back)
The Board remands the claim for an increased initial disability evaluation of headaches due to an inadequate VA examination.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
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