The Board remands the matter of entitlement to an initial rating in excess of 60 percent for service-connected chronic kidney disease due to a pre-decisional duty to assist error.
The deciding factor: Failure by the AOJ to attempt to obtain the Veteran's complete private treatment records constitutes a pre-decisional duty to assist error necessitating a remand for correction of the error.
- Claimed conditions
- chronic kidney disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 30, 2025
- Citation
- A25056506
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.
- Dismissed
The appeal for service connection for chronic kidney disease was dismissed due to the Veteran not timely filing a Notice of Disagreement within one year of the rating decision.
- Partly granted
The Board denied service connection for a vitamin D deficiency and remanded claims for coronary artery disease, status post femoral bypass, chronic kidney disease, and anemia due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
- Remanded (sent back)
The Board remands the claims for service connection for chronic kidney disease and obstructive sleep apnea due to pre-decisional duty-to-assist errors, including inadequate medical nexus opinions.
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