The Board has determined that the Veteran's claims for compensation under 38 U.S.C. 1151 and TDIU are remanded due to pre-decisional duty-to-assist errors, including failure to obtain relevant treatment records and provide an adequate examination.
The deciding factor: The decision is based on the need to rectify pre-decisional duty-to-assist errors that prevented a thorough review of the Veteran's claims for compensation under 38 U.S.C. 1151 and TDIU.
- Claimed conditions
- Right Shoulder Disability, Obstructive Sleep Apnea, Post-Traumatic Stress Disorder (PTSD), Nasal Fracture, Retained Foreign Body Left Forearm, Head Trauma with Residual Tinnitus, Left Temporomandibular Disc Displacement with Myofascial Pain, Right Ear Hearing Loss, Hemorrhoids, Left Lower Chin/Lip Scar, Hypertension
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2022
- Citation
- A22024287
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 A22024287.
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.
- Denied
The Board denied the claim of service connection for hypertension, finding that it did not manifest during service and is not causally related to the Veteran's exposure to herbicides or service.
- Denied
The Board denied the Veteran's claim for service connection for hypertension, finding that there was no evidence of a nexus between his current condition and active duty service or herbicide exposure.
- Granted
The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected left knee and left ankle conditions.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected other specified insomnia disorder.
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