The Board has determined that there was an error in the March 2023 VA examination and remands the case for a new opinion to assess whether the Veteran's cold injury residuals are related to his service.
The deciding factor: The March 2023 VA examiner did not consider the combat presumption under 38 U.S.C. § 1154(b) which applies to claims of in-service cold injuries, and thus the opinion is inadequate.
- Claimed conditions
- residuals of a cold injury of the left hand, residuals of a cold injury of the right hand, residuals of a cold injury of the left foot, residuals of a cold injury of the right foot
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2023
- Citation
- A23032827
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 A23032827.
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 determined that new and relevant evidence has been received to readjudicate the previously denied claims of service connection for various conditions, including cervical spine strain, diabetes mellitus type II (DM II), erectile dysfunction (ED), gastroesophageal reflux disease (GERD), left ankle strain, right ankle instability, residuals of a cold injury of the hands, mental health condition, and head injuries. The claims are being remanded to allow for further development.
- Remanded (sent back)
The Board has determined that the claims for service connection are inextricably intertwined and must be remanded to obtain additional medical opinions regarding the Veteran's right foot cold injury residuals, right toe amputation, and bilateral hip disability.
- Granted
The Board has determined that the Veteran's current cold injury residuals in his right hand, left hand, and left lower extremity are related to service exposure to cold temperatures. The claims for service connection have been granted.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development as there are outstanding VA treatment records and examinations that have not been associated with the claims file.,The Veteran's service connection claim for pseudofolliculitis barbae will be remanded to determine if he has a current diagnosis of this condition, and whether it is related to his military service.,The Veteran's right knee disability, left foot disability, residuals of cold injury of the right hand, and residuals of cold injury of the left hand will be remanded for an examination to determine their nature and etiology.,The Veteran's increased rating claim for plantar fasciitis of the right foot will be remanded for a new VA examination to assess its current severity.,The Veteran's service connection claims for residuals of cold injury of the right hand and left hand will be remanded for an examination to determine their nature and etiology.,The Veteran's increased rating claim for plantar fasciitis of the right foot will be remanded for a new VA examination to assess its current severity.
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