The Veteran's appeal is remanded for further action on the earlier effective date claim and service connection issue. The CUE claim related to December 1991 rating decision is inextricably intertwined with the earlier effective date claim.
The deciding factor: The issues are inextricably intertwined due to the interrelation between the earlier effective date claim and the CUE claim regarding the December 1991 rating decision.
- Claimed conditions
- diverticulosis, chronic constipation, non-cardiac chest pains, chronic left sided pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2012
- Citation
- 1235322
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 1235322.
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 Veteran's partial pancreatectomy with chronic constipation is currently rated at 30 percent, which is the maximum rating available under current criteria. The Board finds that her symptoms do not warrant a higher rating.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error, and will need to obtain an addendum medical opinion regarding the nature and etiology of the Veteran's diverticulosis and colon tumor.
- Remanded (sent back)
The Board has determined that the July 2024 fee decision is incomplete and does not properly identify the full issue at the center of the present appeal, including the specific amount of past-due benefits awarded and the amount withheld for fees. The case is therefore being remanded to provide a corrected fee decision.
- Granted
The Veteran's service connection claims for various conditions, including adjustment disorder, benign skin lesions, actinic keratosis, poikiloderma, porokeratosis, Parkinson's disease, benign prostatic hypertrophy, hypertension, increased urinary frequency, diverticulosis, duodenal ulcer, and bilateral cataracts are all granted due to exposure to herbicide agents, mustard gas, and ionizing radiation during service.
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