The Board remands the claims for additional development, including obtaining VA examinations to clarify the nature and etiology of the Veteran's GI disorder and the current severity of his service-connected disabilities.
The deciding factor: The AOJ must contact the Veteran's correctional facility or state corrections authorities and request that the necessary examinations be conducted, to the extent feasible, as arranging a VA examination in a prison can be difficult.
- Claimed conditions
- Gastrointestinal (GI) disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 4, 2023
- Citation
- 23000402
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 service connection for an acquired psychiatric disorder, OSA, bilateral knee disorders, bilateral carpal tunnel syndrome, and a GI disorder as there was no evidence of these conditions during the appeal period. The claims were denied based on the lack of medical evidence supporting current diagnoses.
- Partly granted
The Board granted service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Partly granted
The Board granted service connection for anxiety but denied it for sleep apnea, finding that the Veteran's sleep apnea was less likely than not related to his active service or service-connected acquired psychiatric condition.
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