The Board remands the claims for further development to correct a duty to assist error regarding the Veteran's service connection and initial rating claims.
The deciding factor: A duty to assist error occurred as the Veteran was not provided notice of his right to a hearing under 38 C.F.R. § 3.103(d)(1) prior to the issuance of the September 2022 and October 2023 rating decisions.
- Claimed conditions
- insomnia, short-term memory loss, right hand disability, left hand disability, right lower extremity neuropathy, left lower extremity neuropathy, allergic rhinitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 2, 2025
- Citation
- A25048506
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 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.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Remanded (sent back)
The Board remands the claim for a new examination to determine the severity of the Veteran's allergic rhinitis, including whether there is any nasal obstruction or polyps.
- Denied
The Board denied service connection for a deviated septum and denied compensable ratings for allergic rhinitis, chronic sinusitis, hypothyroidism, and hypertension.
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