The Board remands the claims for compensation under 38 C.F.R. § 1151 for various disabilities claimed as complications of VA treatment, due to a need for further development and an adequate medical opinion.
The deciding factor: The August 2019 VA opinion is found inadequate because it only addresses one of the claimed conditions and does not address all elements required by law.
- Claimed conditions
- difficulty and pain with chewing and swallowing, numbness of face, neck, and right ear, lack of saliva, hoarseness
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2023
- Citation
- 23001895
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.
- Granted
The Board granted an effective date of January 10, 2017, for the award of service connection for hoarseness, swallowing difficulties, and constipation associated with multiple sclerosis.
- Dismissed
The appeal was dismissed due to the death of the appellant, and no substitute has been filed within the required timeframe.
- Remanded (sent back)
The Board remanded the Veteran's claims for further examination and evidence collection, as the previous VA examination did not adequately capture the severity of the Veteran's disabilities during flaring episodes.
- Dismissed
The Veteran's appeal for increased ratings and service connection was dismissed due to a late filing.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.