The Board has remanded the claims for service connection and TDIU due to potential missing VA treatment records, surgical reports, and a need for further examination. The referred claim for compensation under 38 U.S.C. § 1151 for hepatitis C is also remanded.
The deciding factor: The decision was not made based on the merits of the service connection claims but due to potential missing evidence that could impact the determination.
- Claimed conditions
- Hepatitis C, Heart disease, Lung disability (claimed as pulmonary embolism, blood clots on the lung, and shortness of breath), Porphyria Cutanea Tarda
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2020
- Citation
- 20004719
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 remands the claims for further development, including obtaining additional medical opinions to address the nature and etiology of the Veteran's claimed conditions.
- Remanded (sent back)
The Board remands the claim for a new VA addendum opinion to determine if the Veteran's liver cancer and hepatitis C are related to his active service, including exposure to agent orange.
- Partly granted
The Board granted service connection for several conditions, including lumbar spine degenerative arthritis and radiculopathy of the sciatic and femoral nerves, with effective dates from March 15, 2013. The Board also granted a TDIU and DEA based on unemployability due to service-connected disabilities.
- Denied
The Board denied the veteran's claims for increased ratings for bilateral hearing loss, hypertension, and hepatitis C as there was no evidence of functional impairment sufficient to warrant a higher rating.
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