The Board has remanded the Veteran's claims for service connection for various disabilities due to a duty-to-assist error in not obtaining VA treatment records from the 1970s. The Veteran is required to provide complete copies of these records.
The deciding factor: The Board found that there were outstanding VA treatment records from the 1970s and no effort has been made to obtain them, which constitutes a duty-to-assist error.
- Claimed conditions
- bilateral eye disability, depression, heart disability, hypertension, lower back disability, peripheral neuropathy, left lower extremity, peripheral neuropathy, right lower extremity, peripheral neuropathy, left upper extremity, peripheral neuropathy, right upper extremity, gastrointestinal disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 17, 2022
- Citation
- A22023368
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation A22023368.
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 has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
- Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
- Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
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