The Board has identified several procedural issues and remanded the claims for an increased rating for anal fissures, entitlement to a TDIU, and service connection for a liver disorder (claimed as biliary cystadenoma). The Veteran is also entitled to a new VA examination for his anal fissures. The AOJ must issue a statement of the case regarding the issues of entitlement to an increased rating for GERD with diverticulitis and service connection for a liver disorder.
The deciding factor: The Board found procedural errors in the claims process, including failure to include certain claims in the Statement of the Case (SOC) and remanded the cases due to these errors. The Veteran is also entitled to new examinations for his anal fissures and GERD with diverticulitis.
- Claimed conditions
- anal fissures, GERD with diverticulitis, liver disorder (claimed as biliary cystadenoma)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 21, 2019
- Citation
- 19148848
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.
- Granted
The Board granted service connection for vertigo, itchy eyes, stuffy nose, and nasal congestion, coughing, anal bleeding, and anal fissures on a direct basis. A 30 percent rating was also granted for cervical spine degenerative disc disease.
- Partly granted
The Board dismissed the claims for service connection for irritable bowel syndrome and colon polyps as they were granted in full. The claim for anal fissures was denied, while the claim for a right hip disability was remanded.
- Remanded (sent back)
The Veteran's claims for service connection for irritable bowel syndrome, anal fissures, hemorrhoids and pruritus ani are remanded due to the need for additional medical opinions regarding direct service connection.
- Granted
The Veteran's GERD with diverticulitis has been granted a 10 percent rating, effective July 24, 2018. The service connection for persistent tinea pedis remains pending.
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