The Board has remanded several claims for further development due to a duty-to-assist error, including obtaining private treatment records from the Veteran's nursing facility.
The deciding factor: There was an insufficient record due to a pre-decisional duty-to-assist error that occurred prior to the April 2024 rating decision on appeal.
- Claimed conditions
- Peripheral neuropathy (median and ulnar nerve) of the right upper extremity (RUE), Peripheral neuropathy (median and ulnar nerve) of the left upper extremity (LUE), Peripheral neuropathy (femoral nerve) of the right lower extremity (RLE), Peripheral neuropathy (femoral nerve) of the left lower extremity (LLE), Diabetic retinopathy with diabetic macular edema, Bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 14, 2026
- Citation
- A26003706
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 A26003706.
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.
- Granted
The Veteran's claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Remanded (sent back)
The Veteran's appeals of the initial ratings for his service-connected chronic cough and bilateral hearing loss are remanded due to procedural errors in the evidentiary record.
- 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.
- Denied
The Veteran's service-connected disabilities (bilateral hearing loss and tinnitus) do not prevent him from securing and maintaining substantially gainful employment.
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