The Board has remanded the case for further adjudication due to a failure to ensure that VA fulfilled its duty to assist by not affording the Veteran an examination to determine what impairments affect his ability to care for himself, which might require aid and attendance, and were attributable to his service-connected disabilities.
The deciding factor: The Board found that the RO did not afford the Veteran an appropriate examination to assess his need for aid and attendance due to his service-connected disabilities.
- Claimed conditions
- renal disease with hypertensive cardiovascular disease and hypertension, chronic low back strain with episodes of radiculopathy into the left thigh, suspected to be a nerve compression syndrome, hypertensive cardiovascular disease, mild chronic obstructive pulmonary disease, residuals of thrombosis manifested by abnormal gait and lower extremity weakness, bleeding hemorrhoids, residuals of thrombosis manifested by urinary frequency
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2020
- Citation
- 20005722
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 service connection of hepatitis C and conditions secondary to it, including bleeding hemorrhoids, bleeding ulcers, acute colitis, diverticulitis, inflamed rectal tissue, IBS, skin condition, tracheal burning with constant acid buildup, and urinary incontinence.
- Granted
The Board granted service connection for the Veteran's cause of death, finding that his hypertensive cardiovascular disease began during service.
- Partly granted
The Board denied service connection for bilateral sensorineural hearing loss and remanded the claims for other conditions due to insufficient evidence.
- Remanded (sent back)
The Board remands the claim for a heart disability, to include hypertensive cardiovascular disease and myocardial ischemia, as the November 2023 VA examination is inadequate.
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