The Board remands the claims for increased ratings and a TDIU due to service-connected disabilities for further development, including obtaining contemporaneous VA examinations.
The deciding factor: The failure to obtain contemporaneous VA examinations that address the severity of the Veteran's service-connected disabilities constitutes a pre-decisional duty-to-assist error.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD) with alcohol use disorder and Traumatic Brain Injury (TBI), Tension Headaches, Lumbar Strain, Left Shoulder Strain, Left Hip Strain (limitation of extension), Left Hip Strain (limitation of flexion), Left Hip Strain (impairment of thigh), Respiratory Disability (mild obstructive defect with a significant bronchodilator response), Deformity of the Right 5th Finger, status-post dislocation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2025
- Citation
- A25051376
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 denied the veteran's claims for increased ratings and service connection, except for a 20 percent rating for lumbosacral strain.
- Partly granted
The Board granted an increased initial evaluation of 70 percent for PTSD but denied evaluations in excess of 10% for tension headaches and in excess of 30% for IBS, and denied service connection for chronic fatigue syndrome. The claims for additional service connections were remanded.
- Dismissed
All appeals for service connection and increased ratings were dismissed due to concurrent elections in the Supplemental Claim.
- Denied
The Board denied the Veteran's appeal for special monthly compensation based on the need for regular aid and attendance of another person due to his service-connected disabilities.
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