The Board has decided to remand the case due to pre-decisional duty to assist errors, including failing to obtain private medical records from Dr. Farhut Husain and Dr. Joseph Weissman, and not obtaining SSA records.
The deciding factor: The AOJ committed pre-decisional duty to assist errors by not obtaining relevant private medical records and SSA records that could have provided additional context for the appellant's claim.
- Claimed conditions
- multiple sclerosis, bilateral upper and lower extremity weakness, vision impairment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 17, 2020
- Citation
- A20017029
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation A20017029.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has denied service connection for contact dermatitis, multiple sclerosis, and eye disorder due to lack of current diagnoses. The claims are remanded as there were pre-decisional duty-to-assist errors in the original decision.
- Granted
The Veteran's service-connected splenectomy is granted for COPD and bilateral upper and lower extremity weakness, with a rating of 30 percent.
- Denied
The Veteran's claim for an allowance for an automobile or other conveyance and adaptive equipment was denied as he is not in receipt of service-connection for the conditions that would qualify him for such benefits, and his service-connected disabilities do not meet the criteria for loss of use of a foot.
- Granted
The Veteran's service connection claims for PTSD, alcohol and cocaine abuse disorder, and multiple sclerosis are all granted. The claim for multiple sclerosis is based on a current diagnosis within the 7-year presumptive period after separation from service.
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