The Board has decided to remand the case due to a failure to discuss presumptive service connection for gastrointestinal disorders under 38 C.F.R. § 3.317, and requires a new VA examination.
The deciding factor: The decision was based on the failure to address the presumptive provisions of 38 C.F.R. § 3.317 in the previous rating decision.
- Claimed conditions
- gastrointestinal disorder, colon condition, stomach condition
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2020
- Citation
- 20073355
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 for Parkinson's disease/parkinsonism, a gastrointestinal disorder, a speech disorder, and essential tremor due to an inadequate VA examination.
- Granted
The Board granted service connection for a stomach condition, as it is caused and/or aggravated by the Veteran's service-connected lumbosacral strain.
- Denied
The Board denied service connection for various disabilities, including right knee, left knee, low back, neck, and right hip disabilities, as well as bilateral hearing loss. The claims were denied due to the lack of evidence suggesting current disabilities.
- Partly granted
The Board dismissed the claims for service connection for a bladder/bowel control disability and testicular disability as they were already granted. The claim for exposure to burn pits and toxic equipment fires was denied, while other claims were remanded for further consideration.
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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.