The Veteran's service-connected anterior neck scar needs to be re-evaluated due to a duty-to-assist error, and the AOJ should obtain color photographs of her scar for proper evaluation.
The deciding factor: There was an omission in obtaining untouched color photographs of the Veteran's scar during the initial rating decision process.
- Claimed conditions
- anterior neck scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2019
- Citation
- A19002816
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 A19002816.
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 readjudication of the claims for restoration of service connection and the claim for service connection for an acquired psychiatric disorder, as new and relevant evidence was received.
- Denied
The Board denied an evaluation in excess of 10 percent for the anterior neck scar and denied an effective date earlier than April 2, 2015, for the grant of service connection.
- Remanded (sent back)
The Veteran's initial 30 percent rating for chronic sinusitis/rhinitis prior to May 14, 2014 is granted. The Veteran's request for a higher rating from May 14, 2014 is denied.,The Veteran's requests for increased ratings for left shoulder impingement syndrome and cervical spine degenerative disk disease are remanded due to the need for additional VA examinations.,The Veteran's initial compensable rating for an anterior neck scar is remanded. The Veteran's requests for earlier effective dates for service connection of his disabilities are also remanded.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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