The Board remands the claims for service connection and entitlement to individual unemployability due to a pre-decisional duty to assist error regarding missing private medical records.
The deciding factor: Remand is required to correct a pre-decisional duty to assist error related to missing private medical records.
- Claimed conditions
- Posttraumatic stress disorder (also claimed as anxiety and depression), Sleep apnea, Degenerative joint disease elbow, bilateral (claimed as bilateral elbow condition), Degenerative joint disease hip, bilateral (claimed as hip condition), Bilateral feet condition, Lumbar strain (claimed as back/spine condition), Right ankle condition, Right knee condition, Radiculopathy upper extremities (claimed as neuropathy and radiculopathy of arms and hands), Lower extremities radiculopathy (claimed as neuropathy and radiculopathy of legs), Erectile dysfunction, Frostbite, hands, Frostbite, legs, Heart failure (NYHA Class III) (claimed as angina pectoris), Hypertensive cardiovascular disease (claimed as hypertension, heart stoke), Cervical strain
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 20, 2025
- Citation
- A25090052
Veterans Law Judge
Decisions by this judge: 2,677 · Granted: 26% (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 A25090052.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for sleep apnea and acquired psychiatric disorder (including PTSD) due to insufficient evidence of record. The Veteran is required to undergo VA examinations to determine if his conditions are related to service.
- Remanded (sent back)
The Veteran's claims for an initial disability rating in excess of 10 percent for cervical strain, service connection for left leg pain (claimed as joint pain), and service connection for a left ear hearing condition are being remanded due to duty-to-assist errors.
- Granted
The Board has granted the Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of prostate cancer due to VA's failure to notify him of his April 17, 2008, elevated PSA test results and its failure to timely diagnose and properly treat his disease.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus with hammer toes, hallux valgus and degenerative arthritis, sleep apnea, bilateral hearing loss, tinnitus, and bilateral kidney cysts, rendered him unable to secure or follow gainful employment. The Board granted the TDIU based on these conditions.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.