The Board remands the claims for an earlier effective date for service connection for various conditions, due to a failure to provide notice of the Veteran's right to a hearing.

The deciding factor: The AOJ did not notify the Veteran of his right to a hearing prior to issuing the January 2023 rating decision, which is a regulatory duty that must be corrected on remand.

Claimed conditions

posttraumatic stress disorder, tinnitus, cervical sprain, lumbar spine status-post compression fracture, right shoulder labral tear with glenohumeral joint instability rotator cuff tendonitis with acromioclavicular joint osteoarthritis, right elbow dislocation and radial head fracture arthoplasty, right elbow dislocation and radial head fracture arthoplasty impairment of supination and pronation, right elbow dislocation and radial head fracture arthoplasty with limited extension, right elbow scar, right wrist scaphoid fracture, right wrist scar, right ankle fracture and instability, right ankle scar, left foot status-post calcaneal fracture

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

November 25, 2025

Citation

A25102317

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