The Board remands the claims for service connection for TBI, bilateral hearing loss, sleep apnea, and cervical degenerative disc and joint disease (claimed as cervical strain) to correct an AOJ error in satisfying a regulatory or statutory duty.
The deciding factor: Remand is necessary to provide the Veteran with notice of his right to a pre-decisional hearing before the AOJ, which was not provided during the initial decision on appeal.
- Claimed conditions
- traumatic brain injury (TBI), bilateral hearing loss, sleep apnea, cervical degenerative disc and joint disease (claimed as cervical strain)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 9, 2025
- Citation
- A25050541
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.
- Granted
The Board granted service connection for left knee strain, right knee strain, right wrist strain, and TBI. The Veteran's PTSD rating was remanded for further development.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
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