The Board remanded the veteran's claims for service connection for bilateral foot pain, insomnia, left hand pain, left knee pain, and right knee pain. The Board found that a remand is required to correct the AOJ's error to satisfy the regulatory duty to provide the Veteran with notice of her right to a pre-decisional hearing.
The deciding factor: The veteran was not provided notice of this right to a hearing before the AOJ, and there is no 5103 Notice document within the claims file.
- Claimed conditions
- bilateral foot pain, insomnia, left hand pain, left knee pain, right knee pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2025
- Citation
- A25004435
Veterans Law Judge
Decisions by this judge: 931 · Granted: 42% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A25004435.
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 Veteran's claim for service connection of insomnia was denied, and the effective date is set to the date of receipt of the claim (May 31, 2024).
- Granted
The Veteran's service-connected PTSD, major depression, generalized anxiety disorder, insomnia and alcohol use disorder caused his sleep apnea.
- Dismissed
The Veteran withdrew his appeals regarding the claims of entitlement to a compensable disability evaluation for bilateral hearing loss, service connection for anterior uveitis, right eye, and service connection for restless leg syndrome, RLE. The claim for service connection for insomnia is dismissed as moot because it was granted with an effective date based on the date of the Veteran's application.
- Partly granted
The claims for service connection for hypertension, back pain, right hip pain, left hip pain, right knee pain, and left knee pain have been readjudicated. The claim for sleep apnea has also been readjudicated.,Service connection has been granted for a neck condition, back pain, right hip pain, left hip pain, right knee pain, left knee pain, an acquired psychiatric disorder, bruxism, and vertigo.
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