The Board has determined that there are outstanding service treatment records and has ordered the VA to attempt to obtain these records. The claims for service connection under Chapter 17 of Title 38, U.S.C., will be remanded for further development.
The deciding factor: There is a pre-decisional duty-to-assist error regarding the lack of complete service treatment records.
- Claimed conditions
- lung issues, head trauma, right shoulder, lower back
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2023
- Citation
- A23032380
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 A23032380.
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 left knee, right knee, left wrist, right wrist, and right shoulder disabilities due to duty-to-assist errors and to address the ameliorative effects of medication.
- Denied
The Veteran's claim for automobile or adaptive equipment was denied as she does not have service-connected physical loss of use of her hands, permanent impairment of vision in both eyes, a severe burn injury, amyotrophic lateral sclerosis (ALS), or ankylosis of the knees or hips.
- Dismissed
The Veteran withdrew her appeal regarding head trauma, and the Board dismissed it.
- Dismissed
The Veteran's appeals for higher disability ratings and service connection were withdrawn, and the appeal concerning a deferred evaluation for left ear hearing loss was dismissed due to a claims-processing error.
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