The Board has determined that there was a pre-decisional duty to assist error and remands the case for further action, including obtaining an appropriate VA medical opinion regarding the Veteran's need for aid and attendance due to his service-connected disabilities.
The deciding factor: The decision is based on the finding of a pre-decisional duty to assist error in the previous VA examinations that did not consider the August 2023 private medical opinion or the Veteran's service-connected major depressive disorder.
- Claimed conditions
- Back disability, Bilateral leg disability (likely related to knee disability), Left shoulder disability, Right elbow disability, Service-connected major depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 5, 2026
- Citation
- A26000595
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 A26000595.
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 Board denied the Veteran's claims for service connection for a right elbow disability and a nasal disability, finding that there was no evidence of in-service injury or disease resulting in these conditions.
- Denied
The Board denied the Veteran's claim for service connection of a back disability, finding that there was no evidence to support a nexus between his current condition and active duty service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for a back disability due to incomplete service records and failure to consider all available evidence, including in-service treatment records from F.E. Warren Air Force Base.
- Granted
The Veteran's TDIU claim for bilateral knee disabilities and his right and left knee scars have been granted. He is now rated at a combined 60% disability rating from June 1, 2018 based on bilateral factors for his bilateral knee disabilities.
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