The Board has determined that the VA did not substantially comply with its remand instructions and thus the case is being returned for further development. The Veteran's claim for compensation under 38 U.S.C. § 1151 will be reconsidered based on all available evidence.
The deciding factor: The Board found that the AOJ did not obtain an independent medical expert opinion from a cardiologist as required by the remand directive, and thus did not substantially comply with the terms of the remand.
- Claimed conditions
- heart disability, atriial fibrillation, heart attack, worsening congestive heart failure
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2023
- Citation
- 23000264
Veterans Law Judge
Decisions by this judge: 1,757 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 23000264.
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 issues of service connection for atrial fibrillation, benign prostatic hypertrophy with outflow obstruction, congestive heart failure, and hypertension due to inadequate VA opinions. The Veteran's exposure during service is conceded to include asbestos and gas chamber exposures.
- Granted
The Veteran's hypertension was granted service connection effective August 10, 2022. The heart disability was granted secondary to the hypertension.,An initial rating of 30% for the heart disability was granted in May 2023 and increased to 60% since October 22, 2024.
- Granted
The Board has granted service connection for a heart disability, finding that it is secondary to the Veteran's service-connected PTSD.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient consideration of secondary service connection for coronary artery disease (CAD) related to the Veteran's service-connected foot disability and depression.
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.