The Veteran's appeal is remanded due to the lack of identification of an available VA medical facility for his service-connected bronchial asthma and other conditions. The case will be readjudicated based on this information.
The deciding factor: The AOJ failed to identify a suitable VA medical facility that was feasibly available, which prevented proper application of the provisions of 38 U.S.C.A. § 1728.
- Claimed conditions
- asthma, posttraumatic stress disorder (PTSD), traumatic brain injury (TBI) residuals with migraine headaches, dizziness, double vision, and photosensitivity, lumbosacral spine degenerative joint disease, right shoulder tendinopathy and acromioclavicular joint degenerative changes, right wrist aseptic necrosis, right leg shin splints with stress fracture residuals, bilateral foot strain, gastroesophageal reflux disease (GERD), positional vertigo, tinnitus, scalp cyst
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 6, 2016
- Citation
- 1640123
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 1640123.
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 claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's acquired psychiatric disorders, including bipolar disorder and PTSD. The Veteran will be asked to provide additional medical records and undergo a VA examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
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