The Board has determined that the Veteran's claims for higher ratings and TDIU are remanded due to pre-decisional duty to assist errors. Specifically, new examinations are needed to evaluate the severity of his diaphragm paralysis and disfigurement, and an opinion is required regarding the impact of his service-connected disabilities on employment.
The deciding factor: The Board found that the previous VA examinations were deficient in evaluating the Veteran's conditions and did not adequately address the issues raised by the claims. Therefore, new evaluations are necessary to provide a complete picture of the Veteran's condition.
- Claimed conditions
- diaphragm paralysis, disfigurement and scaring
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2023
- Citation
- A23027861
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 A23027861.
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.
- Dismissed
The appeal was dismissed due to the death of the Appellant.
- Partly granted
The veteran's claim for service connection of congestive heart failure as secondary to hypertensive vascular disease was granted. The claims for chronic obstructive pulmonary disease, obstructive sleep apnea, and diaphragm paralysis were remanded.
- Remanded (sent back)
The Board has remanded the claim due to insufficient compliance with previous remands and new evidence regarding the Veteran's respiratory condition. The case must be returned for further development, including obtaining SSA records and providing an addendum medical opinion.
- Granted
The Veteran's diaphragm paralysis is granted a 100% evaluation for the period prior to July 18, 2017. Service connection for cervical spine disability and TDIU are denied.
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