The Board has decided to remand the claims for service connection for essential tremors and polyneuropathy, including as due to herbicide exposure. The AOJ did not obtain a VA medical opinion regarding these conditions.
The deciding factor: The AOJ committed a pre-decisional error in failing to obtain a VA medical opinion regarding the Veteran's claimed essential tremors and polyneuropathy, including as due to exposure to herbicide agents (Agent Orange).
- Claimed conditions
- essential tremors, right upper extremity polyneuropathy, left upper extremity polyneuropathy, right lower extremity polyneuropathy, left lower extremity polyneuropathy
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- October 9, 2019
- Citation
- A19001819
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 remands the claim for essential tremors to correct errors in fulfilling the duty to assist, specifically related to an inadequate examination and opinion.
- Remanded (sent back)
The Board remands the claim for essential tremors to obtain an addendum VA medical opinion addressing the etiology of the condition, including its potential relation to service and secondary causes.
- Partly granted
The Board denied service connection for loss of bowel and bladder function but granted a 60% rating for right and left lower extremity sciatic peripheral neuropathy, and a 50% rating for right upper extremity polyneuropathy, effective from March 18, 2023.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, fibromyalgia, and a skin disability but granted service connection for left lower extremity radiculopathy (sciatica) as secondary to service-connected lumbar strain and an initial 10 percent disability rating for essential tremors.
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