The Board has remanded the claims of service connection for irregular heartbeat, acid reflux, irregular bowels, and fingertip amputation due to exposure to contaminated water at Camp Lejeune. The Veteran's attorney did not waive untimely filing of a Substantive Appeal regarding these claims in 2016. Additional evidence is needed, including VA treatment records and private cardiology records from Dr. APB.
The deciding factor: The Board found that the Veteran’s August 31, 2016 appeal was untimely filed due to a missed deadline for filing a Substantive Appeal. The claims are now remanded for further development of evidence related to these conditions and exposure at Camp Lejeune.
- Claimed conditions
- irregular heartbeat, acid reflux, irregular bowels, fingertip amputation
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- January 16, 2019
- Citation
- 19103991
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 appeal was remanded for the AOJ to provide the Veteran with notice concerning his right to a hearing under 38 C.F.R. § 3.103(b)(1) and (d)(1).
- Denied
The Board denied service connection for acid reflux, irritable bowel syndrome, back pain, tuberculosis (TB), and bilateral hearing loss. The claim for a higher rating for bilateral pes planus was also denied.
- Denied
The Board denied service connection for all claimed conditions as there was no evidence linking them to the Veteran's active duty service.
- Denied
The Board denied service connection for acid reflux, back pain, bilateral flat feet, left bunion, right bunion and right toe pain, 'black out frequency', right hip pain, bilateral hearing loss, tinnitus, and PTSD as there was no evidence of a current disability or sufficient evidence to support the claim.
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