The Board remands the claims for increased ratings and service connection due to a pre-decisional duty to assist error.
The deciding factor: A remand is necessary to correct a pre-decisional duty to assist error, including obtaining additional medical opinions and examinations.
- Claimed conditions
- Intervertebral Disc Syndrome (IVDS), Right lower extremity radiculopathy (sciatic), Chronic obstructive pulmonary disease (COPD), Neck/upper back (cervical spine) condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2025
- Citation
- A25049179
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 readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Denied
The appeal for service connection for PTSD was dismissed, and the claims for a compensable rating for the lower back scar, service connection for COPD, and peripheral artery disease were denied.
- Denied
The Board denied the veteran's claims for service connection for PTSD, COPD, a gastrointestinal disability, and migraines due to lack of evidence supporting a link between these conditions and her military service.
- Partly granted
The Board granted service connection for tinnitus and left ear hearing loss disability, but remanded the issue of a compensable rating for right ear hearing loss. The increased rating claim for IVDS was withdrawn by the Veteran.
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