The Veteran's appeal for an earlier effective date for his service-connected arteriosclerotic cardiovascular disease, including bilateral carotid artery stenosis and aortic stenosis, from February 28, 2020 is remanded due to procedural errors in the initial decision.
The deciding factor: The AOJ improperly substituted its own medical judgment for that of a medical professional in violation of Colvin v. Derwinski, leading to a pre-decisional error and requiring an additional opinion from a cardiovascular specialist.
- Claimed conditions
- arteriosclerotic cardiovascular disease, bilateral carotid artery stenosis, aortic stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2022
- Citation
- A22023454
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 A22023454.
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 Veteran's appeal seeking an initial compensable rating for bilateral carotid artery stenosis is dismissed. A separate 10 percent rating is granted for supraventricular arrhythmia (paroxysmal atrial fibrillation). The appeal of the VA notification letter regarding his March 2025 supplemental claim for SMC (A&A) is also dismissed.
- Granted
The Veteran's cause of death, which included atherosclerotic cardiovascular disease, is presumed to be related to herbicide agent exposure during service at Fort McClellan. The Board granted the claim for service connection for the cause of death.
- Granted
The Board has granted service connection for aortic insufficiency, aortic stenosis and congestive heart failure, and carotid artery disease. The conditions are related to in-service exposure to toxic substances and stress.
- Dismissed
The Veteran's appeals for ratings on four different conditions have been dismissed due to his death during the appeal process.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.