The Board has remanded the Veteran's claims for service connection due to a lack of VA examinations and duty-to-assist errors. The left elbow disability claim is remanded for an examination, while the squamous cell carcinoma of the larynx claim is also remanded with additional considerations regarding asbestos exposure.
The deciding factor: The Board found that the Veteran's claims were not properly addressed due to a lack of VA examinations and duty-to-assist errors, particularly in relation to the left elbow disability and asbestos exposure for squamous cell carcinoma.
- Claimed conditions
- left elbow disability, squamous cell carcinoma of the larynx
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2020
- Citation
- A20016226
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.
- Partly granted
The Board denied service connection for various musculoskeletal conditions of the left and right hands, shoulders, elbows, wrists, knees, ankles, and foot, but granted service connection for a right knee disability and fibromyalgia. The decision was based on medical evidence that did not support a link between these conditions and the Veteran's military service.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Partly granted
The veteran's claims for service connection for various conditions were denied, except for tinnitus and bilateral hearing loss disability which were granted. The veteran was also granted service connection for hypertension.
- Partly granted
The Board denied an earlier effective date for the award of service connection for hypertension, a compensable rating for hypertension, and service connection for various conditions including PTSD, right ankle disability, left elbow disability, headaches, erectile dysfunction, but granted service connection for headaches and erectile dysfunction as secondary to hypertension, and special monthly compensation based on loss of use of a creative organ.
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