The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran suffered an additional disability as a result of the January 19, 2011 procedures. The VA must obtain and review all relevant records from VISTA imaging and provide addendum opinions addressing these issues.
The deciding factor: The Board found that there is not enough information to determine if the Veteran has an additional disability or whether it was caused by carelessness, negligence, or lack of proper skill on the part of VA.
- Claimed conditions
- gastroparesis, vagus nerve injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 25, 2023
- Citation
- 23023884
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 23023884.
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 has granted service connection for diabetes mellitus type II (DM) and coronary artery disease (CAD), finding that the Veteran was exposed to herbicide agents during his active duty at Fort McClellan. The Board also found support for secondary service connection for diabetic neuropathy of various extremities, peripheral vascular disease, and gastroparesis as secondary to DM.
- Granted
The Veteran's TDIU for accrued benefits purposes is granted, and the initial compensable rating for his service-connected back scar is denied. The claims of higher ratings for lumbar spine disability, bilateral lower extremity radiculopathy are remanded.
- Granted
The Veteran's service connection claims for bilateral hearing loss, tinnitus, cervical spine disorders, radiculopathies of the upper and lower extremities, Hashimoto's thyroiditis, COPD, GERD, gastroparesis, diverticulosis, rhinitis, OSA, left ankle disorder, and left foot disorder have been granted. The claims are based on presumptive service connection due to exposure to noise during service.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for special home adaptation as defined by VA regulations.
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