The Board has remanded the cases due to insufficient reasoning and factual findings regarding service connection for a gastrointestinal disability on a secondary basis, determination of heart disability prior to April 27, 2010, and effective date for TDIU.
The deciding factor: The Court found that the Board's decision lacked sufficient rationale and did not make necessary factual findings in the first instance with regard to whether the Board’s prior remand instructions were satisfied.
- Claimed conditions
- gastrointestinal disability, heart disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2019
- Citation
- 19100975
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.
- Denied
The Board denied service connection for gastrointestinal disability and denied earlier effective dates for the awards of service connection for allergic rhinitis, migraine headaches, PTSD, and tinnitus. The Board also denied increased ratings for allergic rhinitis and tinnitus and remanded claims for service connection for right elbow disability.
- Denied
The Board denied service connection for a heart disability as the evidence did not support that it began during active service or was related to an in-service injury.
- Dismissed
The Board dismissed the veteran's appeals for service connection for major depressive disorder, tinnitus, sleep apnea, and a gastrointestinal disability due to untimeliness of the VA Form 10182. The appeal for service connection for sarcoidosis was denied based on the lack of evidence supporting a current disability.
- Remanded (sent back)
The Board remands the claim for an initial rating higher than 30 percent for the service-connected heart disability to correct an error by the AOJ in not informing the Veteran of his right to a pre-decisional hearing.
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