The Board has remanded the cases due to failure to comply with prior remand directives, specifically requesting that the Under Secretary for Benefits consider the appellant's claims of entitlement to service connection for lung, heart, and prostate disorders, to include as due to in-service exposure to ionizing radiation.
The deciding factor: The AOJ did not complete the Board’s August 2017 remand directives regarding consideration of the appellant's claims related to in-service exposure to ionizing radiation.
- Claimed conditions
- lung disability, heart disability, prostate disability
- How they argued it
- Not specified
- Exposure basis
- Ionizing radiation
- Rating assigned
- None in this decision
- Decision date
- October 25, 2019
- Citation
- 19181448
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 a heart disability as the evidence did not support that it began during active service or was related to an in-service injury.
- 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.
- Partly granted
The Board granted service connection for bronchial asthma, obstructive sleep apnea (OSA), and a heart disability associated with the appellant's service in the Southwest Asia theater of operations during the Persian Gulf War. The remaining claims were remanded to correct pre-decisional errors.
- Partly granted
The Board granted service connection for hypothyroidism, DVT, and a heart disability as secondary to residuals of acute renal failure. The claim for an initial compensable rating for acute hepatocellular necrosis was denied.
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