The Board remands the claims for further development, including obtaining a VA examination and opinion to determine the nature and etiology of the Veteran's obstructive sleep apnea and urinary bladder cancer, as well as scheduling the Veteran for VA examinations to assess the current severity of his service-connected disabilities.
The deciding factor: The claims are remanded due to pre-decisional duty to assist errors under the Appeals Modernization Act (AMA), including unclear personnel records and missing private treatment records, necessitating additional development to verify toxic exposure risk activities at Camp Lejeune and obtain a VA examination for obstructive sleep apnea and urinary bladder cancer.
- Claimed conditions
- Obstructive Sleep Apnea, Urinary Bladder Cancer, Right Hip Fracture with Limitation of Flexion, Right Hip Fracture with Subsequent Arthritis and Other Impairment, Right Elbow Disability (Posterior Lateral Dislocation, Interarticular Fracture), Right Wrist Disability (Interarticular Fracture), Lumbar Strain, Right Anterior Pelvis Fracture, Chronic Sinusitis, Right Wrist Scarring
- How they argued it
- Direct service connection
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- June 12, 2025
- Citation
- A25051623
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 service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
- Denied
The Board denied a rating in excess of 50 percent for PTSD, finding that the Veteran's symptoms more closely approximated those associated with a 50 percent rating.
- Partly granted
The Board denied a compensable rating for allergic rhinitis, service connection for chronic sinusitis and bilateral tinnitus, granted a 50 percent initial rating for PTSD, and remanded the claims for an increased rating for PTSD and service connection for a somatic disorder.
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