The Board remanded all issues to correct a duty to assist error. The Veteran's surviving spouse will be given notice of her right to a hearing and the claims will be readjudicated.

The deciding factor: The Agency of Original Jurisdiction did not provide the Appellant with notice of her right to a hearing under 38 C.F.R. § 3.103(d)(1) on the above-mentioned issues prior to the issuance of the December 2021 rating decision.

Claimed conditions

acute pharyngitis, bronchitis, asthma, allergic rhinitis, sinusitis, insomnia, anxiety, depression, right knee disorder, bladder disorder, hypertension, right shoulder disorder, left shoulder disorder, right hand disorder, left hand disorder, bilateral plantar fasciitis, heart disorder, lumbago with spondylosis, left heel disorder, bilateral hearing loss

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

January 21, 2025

Citation

A25005036

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