The Board has remanded the Veteran's claims for an earlier effective date and initial increased rating for service-connected hypertension due to a duty-to-assist error, as well as inextricably intertwined issues of service connection.
The deciding factor: The Board found that the AOJ did not fulfill its statutory duty to provide the Veteran with a VA examination and opinion regarding whether the claimed disorder is related to his conceded herbicide exposure (Agent Orange) for the entirety of the appeal stemming from the January 2014 informal claim. The appropriate remedy where a pending claim is inextricably intertwined with a claim currently on appeal is to remand the claim on appeal pending the adjudication of the inextricably intertwined claim.
- Claimed conditions
- hypertension
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- November 7, 2023
- Citation
- A23031176
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 A23031176.
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 claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
- Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
- Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
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