The Board remands the issue of entitlement to compensation under 38 U.S.C. § 1151 for Hepatitis B for further development, specifically requesting an addendum opinion regarding the Veteran's additional disability and its causation.
The deciding factor: The AOJ did not substantially comply with the previous remand directives by providing an opinion on the direct service connection rather than addressing the specific questions posed in the March 2020 Board remand.
- Claimed conditions
- Hepatitis B
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 6, 2021
- Citation
- 21062186
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 denied an initial compensable rating for hypertension and service connection for hearing loss, but granted service connection for hepatitis B, diabetes mellitus, type II, and diabetic peripheral neuropathy in both lower extremities.,The Board denied service connection for erectile dysfunction and sleep apnea.
- Partly granted
The Board granted service connection for diabetes mellitus type II, hepatitis B, a liver condition (hepatic steatosis and cirrhosis) secondary to service-connected hepatitis B, hypertension, prostate cancer, voiding dysfunction as secondary to service-connected prostate cancer, and erectile dysfunction as secondary to service-connected prostate cancer. The claim for anemia was remanded.
- Remanded (sent back)
The Board remands the claim for an extraschedular total disability evaluation based on individual unemployability due to service-connected disabilities prior to April 30, 2020, as it needs additional medical evidence to differentiate between symptoms attributable to service-connected and non-service-connected conditions.
- Remanded (sent back)
The Board remands the claims for service connection and rating appeals to cure pre-decisional duty-to-assist errors.
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