The Board has remanded the Veteran's claims for service connection due to failure to report to scheduled VA examinations and because of lack of entitlement under the law. The claims will be reconsidered after new evidence is obtained.
The deciding factor: The claim for nicotine dependence was filed after a law prohibiting compensation for disabilities attributable to tobacco use during service took effect, making it legally inadmissible.
- Claimed conditions
- nicotine dependence, left hand disability, left hip disability, right hip osteoarthritis, presbyopia, hearing loss, hyperlipidemia, abnormal EKG, gastroenteritis, hemorrhoids, renal insufficiency, cellulitis, scars on the back of the head, left hand and lower chest, skin disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2018
- Citation
- 18140027
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 18140027.
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.
- Granted
The Board has reopened the Veteran's claim for service connection for hearing loss and tinnitus. However, it was determined that the Veteran does not have a current disability of bilateral hearing loss or tinnitus for VA purposes, thus denying both claims.
- Remanded (sent back)
The Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal.
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