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Remanded (sent back)PACT Act

The Veteran's claims for service connection are remanded due to the need for additional development and examination.,The Veteran seeks service connection for a heart condition, which he contends is related to his active military service. The Board finds VA must provide such examination pursuant to McLendon.,The Veteran seeks service connection for stroke, which could significantly impact a decision on the issue of entitlement to service connection for epilepsy. The issues are inextricably intertwined and thus require remand.,The Veteran seeks service connection for epilepsy, which could significantly impact a decision on the issue of entitlement to service connection for sleep apnea. The issues are inextricably intertwined and thus require remand.,The Veteran seeks service connection for brain tumors, which he contends originated in service and continues to the present. As stated above, the Veteran’s exposure to Agent Orange has been conceded. The Board finds a remand is necessary to obtain such examination pursuant to McLendon.,The Veteran seeks service connection for sleep apnea, which could significantly impact a decision on the issue of entitlement to service connection for an acquired psychiatric disorder. The issues are inextricably intertwined and thus require remand.,The Veteran seeks service connection for lung condition, which he contends originated in service and continues to the present. As stated above, the Veteran’s exposure to Agent Orange has been conceded. VA treatment records reflect reports of asthma. Though the record does not contain a definitive diagnosis of asthma or other lung condition, based on his education and training the Veteran is competent to offer evidence of a current disability or persistent or recurrent symptoms of a disability. The Board finds a remand is necessary to obtain such examination pursuant to McLendon.,The Veteran seeks service connection for residuals of an inguinal hernia, which he contends originated in service and continues to the present. The service treatment records show a diagnosis of right inguinal hernia in May 1963 and an inguinal hernioplasty in June 1963. The Board finds VA must provide such examination pursuant to McLendon.,The Veteran seeks service connection for diverticulitis, which he contends originated in service and continues to the present. As stated above, the Veteran’s exposure to Agent Orange has been conceded. The Veteran underwent a private colonoscopy in July 2016. The colonoscopy report reflects a diagnosis of diverticulitis and polyps. Further, STRs dated January 1966 show reports of abdominal pain, epigastric tenderness, and intermittent indigestion over a period of three months. The Board finds VA must provide such examination pursuant to McLendon.,The Veteran seeks service connection for polyps, which could significantly impact a decision on the issue of service connection for diverticulitis. The issues are inextricably intertwined and thus require remand.,The Veteran seeks service connection for rheumatoid arthritis, which he contends originated in service and continues to the present. He alleges this condition was caused or aggravated by his inguinal hernia and the 'wear and tear' associated with his military training. Alternatively, he alleges that his rheumatoid arthritis was a result of Agent Orange exposure. The Board finds VA must provide such examination pursuant to McLendon.

The deciding factor: The Veteran's claims for service connection are remanded due to the need for additional development and examination.,The Veteran seeks service connection for a heart condition, which he contends is related to his active military service. The Board finds VA must provide such examination pursuant to McLendon.,The Veteran seeks service connection for stroke, which could significantly impact a decision on the issue of entitlement to service connection for epilepsy. The issues are inextricably intertwined and thus require remand.,The Veteran seeks service connection for epilepsy, which could significantly impact a decision on the issue of entitlement to service connection for sleep apnea. The issues are inextricably intertwined and thus require remand.,The Veteran seeks service connection for brain tumors, which he contends originated in service and continues to the present. As stated above, the Veteran’s exposure to Agent Orange has been conceded. The Board finds a remand is necessary to obtain such examination pursuant to McLendon.,The Veteran seeks service connection for sleep apnea, which could significantly impact a decision on the issue of entitlement to service connection for an acquired psychiatric disorder. The issues are inextricably intertwined and thus require remand.,The Veteran seeks service connection for lung condition, which he contends originated in service and continues to the present. As stated above, the Veteran’s exposure to Agent Orange has been conceded. VA treatment records reflect reports of asthma. Though the record does not contain a definitive diagnosis of asthma or other lung condition, based on his education and training the Veteran is competent to offer evidence of a current disability or persistent or recurrent symptoms of a disability. The Board finds a remand is necessary to obtain such examination pursuant to McLendon.,The Veteran seeks service connection for residuals of an inguinal hernia, which he contends originated in service and continues to the present. The service treatment records show a diagnosis of right inguinal hernia in May 1963 and an inguinal hernioplasty in June 1963. The Board finds VA must provide such examination pursuant to McLendon.,The Veteran seeks service connection for diverticulitis, which he contends originated in service and continues to the present. As stated above, the Veteran’s exposure to Agent Orange has been conceded. The Veteran underwent a private colonoscopy in July 2016. The colonoscopy report reflects a diagnosis of diverticulitis and polyps. Further, STRs dated January 1966 show reports of abdominal pain, epigastric tenderness, and intermittent indigestion over a period of three months. The Board finds VA must provide such examination pursuant to McLendon.,The Veteran seeks service connection for polyps, which could significantly impact a decision on the issue of service connection for diverticulitis. The issues are inextricably intertwined and thus require remand.,The Veteran seeks service connection for rheumatoid arthritis, which he contends originated in service and continues to the present. He alleges this condition was caused or aggravated by his inguinal hernia and the 'wear and tear' associated with his military training. Alternatively, he alleges that his rheumatoid arthritis was a result of Agent Orange exposure. The Board finds VA must provide such examination pursuant to McLendon.

Claimed conditions
Acquired psychiatric disorder, Heart condition, Stroke, Epilepsy, Brain tumor, Sleep apnea, Lung condition, Residuals of inguinal hernia, Diverticulitis, Polyps, Rheumatoid arthritis
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
April 3, 2019
Citation
19124810

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 19124810.

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.

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