The Board has decided to accept the Veteran's VA Form 10182 as a timely Notice of Disagreement in the Legacy review system and will proceed with hearing testimony. However, a remand is required to issue a Statement of the Case (SOC) for both issues.
The deciding factor: A procedural defect was identified due to the Veteran using the wrong form to appeal a Legacy decision, but the Board has decided to accept it as a timely Notice of Disagreement and will proceed with hearing testimony.
- Claimed conditions
- closed head injury, chest pains
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 4, 2023
- Citation
- 23025761
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 23025761.
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.
- Partly granted
The Board denied service connection for sleep apnea and chest pains, and denied increased ratings for various conditions including bilateral hearing loss, tinnitus, cluster headaches with dizziness, scar, painful scar, hypertension, erectile dysfunction, eczematoid dermatitis, and GERD with irritable bowel syndrome. The Board granted a restoration of the 30 percent rating for GERD with IBS and granted TDIU.
- Denied
The Board denied service connection for sleep apnea, a disability manifested by chest pains, and increased ratings for PTSD with associated depression, anxiety, and insomnia, lumbosacral strain, and migraines headaches.
- Remanded (sent back)
The Board remands the claims for service connection for celiac disease, rectal bleeding, erectile deformity (other than erectile dysfunction), high blood pressure, and chest pain to the VA Regional Office for issuance of a Statement of the Case.
- Dismissed
The veteran withdrew all appeals related to the claims for initial disability evaluations and service connection.
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