The Board remanded all issues to the Regional Office for further development of evidence and a new decision.

The deciding factor: The Board found that the Regional Office failed to obtain necessary medical records and comprehensive medical opinions, constituting a due process violation.

Claimed conditions

heart disability, hypertension, deviated septum, sleep apnea, chronic fatigue, stenosis of the neck, muscle atrophy, upper arm, forearm, and interdigital between first and second fingers, left hand, neurological disability affecting the upper radicular group, right upper extremity, intervertebral disc syndrome, with spinal stenosis, and degenerative arthritis of the spine, left lower extremity sciatic nerve radiculopathy, sciatica, right lower extremity, elevated left hemi-diaphragm atelectasis with phrenic nerve damage left lung, right lower extremity anterior tibial (deep peroneal) nerve radiculopathy

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

January 23, 2025

Citation

A25005735

Want to see how appeals like this one tend to go? Appeals like mine