The Board has remanded the case due to inadequate reasons or bases for its decision not to provide a VA examination, and because there is insufficient competent medical evidence on file for the Secretary to make a decision on the claim.
The deciding factor: The Board acknowledged that the Veteran had not been provided with a VA examination but found that one was not necessary under McLendon v. Nicholson, 20 Vet. App. 79 (2006), on the basis that there was not competent evidence of a current disability or persistent and recurrent symptoms.
- Claimed conditions
- acid reflux
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 29, 2020
- Citation
- 20070354
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 appeal was remanded for the AOJ to provide the Veteran with notice concerning his right to a hearing under 38 C.F.R. § 3.103(b)(1) and (d)(1).
- Denied
The Board denied service connection for acid reflux, irritable bowel syndrome, back pain, tuberculosis (TB), and bilateral hearing loss. The claim for a higher rating for bilateral pes planus was also denied.
- Denied
The Board denied service connection for all claimed conditions as there was no evidence linking them to the Veteran's active duty service.
- Denied
The Board denied service connection for acid reflux, back pain, bilateral flat feet, left bunion, right bunion and right toe pain, 'black out frequency', right hip pain, bilateral hearing loss, tinnitus, and PTSD as there was no evidence of a current disability or sufficient evidence to support the claim.
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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.