The Board has remanded the case due to errors in the October 2021 rating decision and the need for updated court findings. The Veteran's disability claims are also being reviewed.
The deciding factor: Errors were found in the October 2021 rating decision, which needs clarification. Additionally, State and Federal court judgments or findings related to the Veteran's April 2018 Amended Complaint need updating.
- Claimed conditions
- Cervical spine disability, Lumbar spine disability, Epidural spinal abscess, Hypothyroidism, Cirrhotic liver secondary to hepatitis C, Chronic obstructive pulmonary disease (COPD), Overactive bladder, Hyperplastic polyp, Seizures, Dysthymic disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 2, 2022
- Citation
- 22067102
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. Read the original VA decision (opens in a new tab) using citation 22067102.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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 the cause of the Veteran's death, finding that there was no evidence linking his myocardial infarction and COPD to his military service.
- Denied
The Board has denied service connection for bladder cancer, gastroesophageal reflux disease (GERD), and chronic obstructive pulmonary disease (COPD) as there is no evidence to support a link between these conditions and the Veteran's military service.
- Denied
The Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Remanded (sent back)
The Board has remanded the claims for service connection for brain cancer, low back disability, and cervical spine disability due to a pre-decisional error in failing to obtain a radiation dose estimate from the Under Secretary for Health. The Veteran's military service aboard USS ENTERPRISE is considered relevant to his exposure to ionizing radiation.
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