The Board remands the claims for service connection for a chronic sinus condition, bilateral eye and ear conditions, and left ruptured hernia due to insufficient attempts by VA to schedule in-person examinations with the Veteran's corrections facility.
The deciding factor: VA did not substantially comply with the Board's previous remand instructions regarding scheduling of in-person examinations for the Veteran while incarcerated.
- Claimed conditions
- chronic sinus condition, claimed as hay fever, bilateral eye condition, to include as secondary to a sinus condition, bilateral ear condition, to include as secondary to a sinus condition, left ruptured hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2021
- Citation
- 21062561
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.
- Dismissed
The Board dismissed the veteran's appeals for service connection for various conditions due to a lack of jurisdiction over the claims.
- Dismissed
The appeal for service connection for diabetes mellitus, bilateral eye condition, and PTSD was dismissed as the Veteran opted into the modernized appeals system under the Appeals Modernization Act.
- Dismissed
The Board dismissed the appeals for service connection and rating issues due to untimely filings or lack of jurisdiction over deferred claims.
- Denied
The Board denied the veteran's claims for earlier effective dates and increased ratings, as well as service connection for various conditions, except for a granted rating of 30 percent for GERD throughout the period on appeal.
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