The Board has found that the agency of original jurisdiction did not substantially comply with its September 2018 remand directives and has therefore remanded the cases for further development.
The deciding factor: Further evidentiary development is required as the AOJ did not obtain missing federal records from Beaufort Naval Hospital and Portsmouth Medical Center, which are necessary to determine the nature and etiology of the Veteran's throat disorder, heart disorder, and eye disorder.
- Claimed conditions
- throat disorder (including residuals of mononucleosis), heart disorder, eye disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 23, 2020
- Citation
- 20074913
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.
- Granted
The Board granted service connection for a heart disorder, specifically atrial fibrillation, due to exposure to herbicide agents during active duty service in the Republic of Vietnam.
- Remanded (sent back)
The Board remands the claims for service connection for heart disorder, stroke residuals, sleep apnea, and gastroesophageal reflux disease (GERD) to obtain addendum opinions addressing specific risk factors.
- Denied
The Board denied service connection for an eye disorder, hypertension, headaches, and a psychiatric disorder. The evaluation in excess of 10 percent for the skin disability was also denied.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a pre-decisional duty to assist error.
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