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Remanded (sent back)PACT Act

The Board is remanding the issues of service connection for low back disability and bilateral knee disability due to inadequate reasoning in previous VA examinations.,The Board is also remanding the issue of service connection for a respiratory disorder other than OSA, including COPD, due to inadequate reasoning in previous VA examinations.,The Board is remanding the issue of service connection for a skin disability due to inadequate reasoning in previous VA examinations.,The Board is also remanding the issues of service connection for sleep disorder and anxiety disorder both related to PTSD due to inadequate reasoning in previous VA examinations.,The Board is further remanding the issue of rating greater than 10 percent for GERD due to inadequate reasoning in previous VA examinations.

The deciding factor: The March 2016 VA examination provided inadequate reasoning to support the negative nexus provided, and an examiner must consider the Veteran’s lay statements concerning symptoms he experienced.,The Board cannot make a fully-informed decision on the issue of entitlement to service connection for a respiratory condition other than OSA due to in-service chemical exposure without considering whether the Veteran was exposed to sulfuric acid fumes, asbestos from brakes, and exhaust fumes during his time on active duty.,The VA examiner did not consider the Veteran’s claims that he experienced white spots on his arms in service, which flared up in the heat. The examination focused only on a skin disability of the head (scalp and nose), whereas the claim has been one involving a skin disability of the arms.,The Board is unclear as to whether the examiner considered the Veteran’s claims that he experienced white spots on his arms in service, which flared up in the heat. The opinion is internally inconsistent, confusing, and incomplete. Another remand for a VA examination is necessary.,The March 2016 VA examination provided inadequate reasoning to support the negative nexus provided, and an examiner must consider whether PTSD represented a progression of earlier diagnosis or development of a new and separate condition.

Claimed conditions
low back disability, bilateral knee disability, respiratory disorder (other than OSA), skin disability, sleep disorder (due to PTSD), anxiety disorder (due to PTSD), GERD
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
July 31, 2018
Citation
18122665

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 18122665.

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

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