The Board has decided to remand the Veteran's claims for additional development due to inaccuracies in the factual basis of a previous VA examination and the need to clarify whether Buerger’s Disease was caused by tobacco use during service.
The deciding factor: The decision is based on the inaccurate factual basis provided in an earlier VA examination report, which did not account for the Veteran's smoking history accurately. The Board also needs clarification from the examiner regarding whether Buerger’s Disease was caused or aggravated by pre-service smoking and post-service chronic stomach ulcers.
- Claimed conditions
- Buerger’s Disease, an acquired psychiatric disability (claimed as PTSD, diagnosed as depressive disorder), amputation of the right upper extremity, amputation of the left upper extremity, amputation of the right lower extremity, amputation of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2019
- Citation
- 19185909
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 amputation of the left lower extremity, finding that it is not causally related to active service or a service-connected disability.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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