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 denied as it was filed after a specific law prohibiting compensation for disabilities attributable to tobacco use during service took effect.
- 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.
- Partly granted
The Board granted a 50 percent rating for posttraumatic stress disorder (PTSD) and denied increased ratings for right shoulder impingement syndrome, hearing loss, painful scar, patellofemoral pain syndromes of the knees, and other conditions.
- Remanded (sent back)
The Board remands the appeal for further examination to determine the nature and etiology of the Veteran's bilateral upper extremity disabilities.
- Dismissed
The appeal for service connection for a left wrist condition was dismissed due to concurrent election of higher-level review. The claims for an initial compensable rating for bilateral pes planus, and for service connection for hearing loss, neck strain, and dermatitis were denied.
- Denied
The Board denied service connection for various conditions, including left foot condition, right foot condition, cellulitis, right ear hearing loss, and right lower extremity radiculopathy. The appeal of the proposal to reduce a 40 percent evaluation for lumbosacral strain was dismissed.
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