The Board remands the claims for service connection for various disabilities due to duty-to-assist errors that occurred prior to the June 2023 rating decision.
The deciding factor: Further efforts are warranted to verify the Veteran's periods of ACDUTRA or INACDUTRA, obtain SSA disability benefits and medical documentation, and address notification issues regarding private medical records.
- Claimed conditions
- thoracolumbar spine disability, right hand disability, right wrist disability, left wrist disability, right ankle disability, left ankle disability, bilateral foot disability, obstructive sleep apnea (OSA), hiatal hernia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 10, 2025
- Citation
- A25050910
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 Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Granted
The Board granted service connection for obstructive sleep apnea (OSA) based on the Veteran's exposure to in-service chemical agents.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
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