The Board has remanded the case due to a pre-decisional duty to assist error and will need to obtain medical opinions regarding the etiology of the Veteran's osteomyelitis, including considering herbicide exposure and in-service foot issues.
The deciding factor: The decision is remanded because there was an omission of a TERA-specific opinion as required by the PACT Act due to potential toxic exposure risk activities.
- Claimed conditions
- osteomyelitis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating
- Not verified here — check the original decision
- Decision date
- November 8, 2023
- Citation
- A23031403
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. Read the original VA decision (opens in a new tab) using citation A23031403.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's service-connected Hepatitis C, lumbar DDD with strain, osteomyelitis, and loss of use of right foot disability rendered him so helpless as to be in need of regular aid and attendance. Effective October 28, 2008, the Veteran meets the criteria for SMC under various provisions.
- Whole decision: Dismissed
The Board has dismissed the appeal due to a withdrawal request from the Veteran's authorized representative.
- Whole decision: Remanded (sent back)
The Veteran's eligibility for VA's PCAFC benefits is being remanded due to insufficient medical opinion supporting the denial of benefits. The Board finds that the Veteran requires personal care services and supervision, meeting the basic medical eligibility criteria under PCAFC.
- Whole decision: Remanded (sent back)
The Veteran's claim for special monthly compensation based on the need for regular aid and attendance is being remanded due to a duty to assist error. The Board cannot consider evidence submitted after the July 2024 rating decision, but any relevant VA treatment records from January 2023 to present will be obtained.
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