The Board has determined that the Veteran's claim for payment or reimbursement of medical services received at Jersey Shore Hospital on June 17, 2015 was timely filed. The case is now remanded to the agency of original jurisdiction to decide the underlying merits of the claim.
The deciding factor: The VA personnel did not fulfill their responsibilities in responding to the Veteran's intent to file a claim prior to JSH filing its own claim, which was considered timely given equitable tolling considerations.
- Claimed conditions
- abdominal pain, right-sided renal colic, cystitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2019
- Citation
- 19149392
Veterans Law Judge
Decisions by this judge: 2,421 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19149392.
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 Board has found that the Veteran does not have a current respiratory disability other than sleep apnea. The claims for abdominal pain, type I diabetes, peripheral neuropathy of the upper and lower extremities, and an immune disorder are remanded due to a duty to assist error.
- Denied
The Board denied service connection for irritable bowel syndrome (IBS) and abdominal pain as there is no current diagnosed disability of IBS or functional impairment due to abdominal or constipation symptoms.
- Granted
The Board has granted service connection for right knee disorder, left knee disorder, right ankle disorder, left ankle disorder, right foot disorder, and left foot disorder as secondary to the Veteran's service-connected lumbar spine disorder. Service connection for abdominal pain is denied.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's gastrointestinal disability, including gastroenteritis and abdominal pain, was incurred in service.
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