The Board has remanded the cases due to a failure to schedule the Veteran for contemporaneous VA examinations, which is considered a pre-decisional duty-to-assist error. The Veteran needs to be provided with a new examination to assess the current nature, extent, and severity of his service-connected conditions.
The deciding factor: The Board found that the RO failed to provide contemporaneous VA examinations as required by law, leading to a remand for such examinations.
- Claimed conditions
- right eye optic atrophy with visual field defect, panic attack disorder, residuals of Rocky Mountain Spotted Fever (including brain trauma resulting in seizure disorder), scapal scar, brain tumor, postoperative right petrous hyperostotic meningioma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2019
- Citation
- A19002719
Veterans Law Judge
Decisions by this judge: 2,316 · Granted: 43% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A19002719.
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 determined that a VA examination is needed to determine the nature and etiology of the Veteran's current psychiatric disabilities, including panic attack disorder. The appeal is remanded for this purpose.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including issuance of a Statement of the Case on his increased rating claim and obtaining any outstanding VA treatment records. A vocational examination may also be necessary to determine if he is unable to secure or follow substantially gainful employment due to his service-connected disabilities.
- Dismissed
The veteran's appeal has been withdrawn before the Board could make a decision.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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