The Board has remanded the appeal for further development due to failure to substantially comply with previous instructions.
The deciding factor: The AOJ failed to substantially comply with the May 2016 Board's remand instructions, particularly regarding the issuance of a Statement of the Case (SOC) and scheduling an appropriate VA examination.
- Claimed conditions
- gastroesophageal reflux disease (GERD), chronic gastritis, bilateral foot disorder, diverticulitis, chronic kidney disease, left knee disorder, COPD
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 8, 2017
- Citation
- 1737958
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 1737958.
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 case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
- Denied
The Board denied the Veteran's claim for service connection for COPD, finding that there is no evidence of a nexus between his current respiratory disability and active duty service. The VA examiner concluded that the COPD was more likely due to tobacco use rather than asbestos exposure in service.
- Denied
The Veteran's claim of entitlement to service connection for a colon condition, including as caused by herbicide agent exposure or secondary to his service-connected disabilities, was denied. The Board found that the evidence did not support a finding of service connection on any basis.
- Denied
The Board denied service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
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