The Board has remanded the claims for service connection for reproductive disability, right lower extremity peripheral neuropathy, left lower extremity peripheral neuropathy, and diverticulitis due to herbicide exposure. The AOJ is required to obtain VA examinations and medical opinions regarding whether these conditions are etiologically related to the Veteran's TERA (terrestrial environmental risk activity) exposure.
The deciding factor: The PACT Act requires VA to provide a medical examination and opinion for claims involving TERA exposure, including those with service-connected disabilities. The AOJ failed to do so in this case.
- Claimed conditions
- Reproductive disability (other than erectile dysfunction and originally claimed as incontinence status-post proctectomy/loss of creative organ), Right lower extremity (RLE) peripheral neuropathy, Left lower extremity (LLE) peripheral neuropathy, Diverticulitis
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- October 12, 2023
- Citation
- A23028257
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 A23028257.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to a duty to assist error, specifically regarding the lack of development related to Agent Orange exposure and solvent/asbestos exposure.
- Remanded (sent back)
The Veteran's claim for service connection for GERD is being remanded due to the need for additional medical opinions and correction of duty to assist errors.
- Granted
The Board has granted the Veteran's claim for service connection for a gastrointestinal condition, to include GERD as secondary to his service-connected PTSD with alcohol use disorder. The evidence is in approximate balance concerning whether the Veteran's gastrointestinal condition is caused or aggravated by his service-connected PTSD.
- Denied
Entitlement to a compensable evaluation for allergic rhinitis was denied.,Service connection for diverticulitis was denied as the evidence did not support its onset during service or its relation to an in-service injury or disease.
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