The Board has remanded the claim for service connection of hepatitis B due to a lack of clear and unmistakable evidence that it existed prior to military service, or an opinion on whether it is at least as likely as not related to service.
The deciding factor: The examiner needs to determine if the Veteran's hepatitis B clearly and unmistakably existed prior to his entrance into active duty or was related to service.
- Claimed conditions
- hepatitis B
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 14, 2020
- Citation
- 20066360
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 granted service connection for a neck disability, back disability, GERD, hepatitis B, atopic dermatitis, and OSA. Tinnitus was denied.
- Dismissed
The Board denied the veteran's requests for extensions of time to file appeals regarding rating decisions that denied service connection for hepatitis B and tinnitus, finding no good cause for late filings.
- Granted
The Board granted an initial disability rating of 40 percent for hepatitis B, but not higher.
- Dismissed
The appeal for compensation under 38 USC § 1151 for hepatitis B is dismissed as the grant of service connection for hepatitis B (previously rated as hepatitis C) is a greater benefit.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.