The Board remands the claim for a hernia, to include addressing whether the character of the appellant's discharge is a bar to VA benefits due to willful and persistent misconduct.
The deciding factor: A pre-decisional duty to assist error requires obtaining missing personnel records, including performance evaluations and trial records, to determine if the specific offenses leading to the discharge can be mitigated by service that is otherwise honest, faithful, and meritorious.
- Claimed conditions
- hernia
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 18, 2025
- Citation
- A25053435
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, including gastrointestinal issues, foot problems, ED, hemorrhoids, hernia, hypertension, nerve conditions in the lower extremities, shoulder and thumb issues, except for right ear hearing loss which was granted.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
- Denied
The Board denied service connection for hernia, brain tumor, heart, esophagus, kidney, left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and thyroid. The claim for bilateral hearing loss was remanded.
- Partly granted
The Board granted service connection for GERD and hearing loss, right ear, but denied service connection for lumbar spine pain, radicular pain and paresthesia of the lower extremities, allergic rhinitis, chronic fatigue syndrome, functional abdominal pain syndrome, restless leg syndrome, tremors of the hands, respiratory insufficiency, chronic headaches, left ankle sprain, and right ankle sprain.
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