The Board remands the claims for further development, including obtaining a VA examination to determine the nature and etiology of the Veteran's thyroid disabilities and an opinion on whether any additional disability was caused by VA carelessness or negligence.
The deciding factor: Further development is required due to inadequate medical evidence and lay contentions regarding the risk factors of laryngeal nerve damage during surgeries, necessitating a remand for a new examination and opinion.
- Claimed conditions
- Graves' disease, dysphonia due to laryngeal nerve damage (also claimed as hoarse voice, vocal-chord paralysis, pain due to vocal-chord distress, and inability to speak clearly), dysphagia, to include secondary to laryngeal nerve damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2022
- Citation
- 22000906
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 service connection for dysphagia and remanded the claims for residuals from a colon tumor, gallbladder removal, papillary urethral carcinoma, and heart disability due to potential exposure to herbicide agents and ionizing radiation.
- Granted
The Veteran's dysphagia, diaphragmatic hernia without obstruction or gangrene, and GERD were granted a 30 percent rating from June 30, 2022.
- Remanded (sent back)
The Board remands all service connection claims for additional development, including obtaining a TERA memorandum and new medical opinions.
- Partly granted
The Board granted service connection for tinnitus, deviated nasal septum, and kidney stones while denying service connection for hearing loss, dyspepsia, left thumb ganglion, right wrist pain, left wrist pain, and allergic rhinitis. The Board also granted an increased rating of 30 percent for tension headaches.
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