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Remanded (sent back)PACT Act

The Veteran's hypertension is currently rated as noncompensable, and the Board denied a higher rating due to lack of evidence showing diastolic pressure predominantly 100 or more.,Service connection for gastroesophageal reflux disease/hiatal hernia was denied because it did not manifest during service or within one year of separation and is not etiologically related to service, including presumed exposure to herbicide agents in Thailand. The Veteran's skin cancer claim was remanded due to the PACT Act requiring VA to provide an examination and medical opinion regarding its relationship to herbicide agent exposure.,The Board found that new evidence from the PACT Act required a de novo review of the skin cancer service connection claim.

The deciding factor: The Veteran's hypertension does not meet the criteria for a compensable rating under Diagnostic Code 7101 due to lack of diastolic pressure predominantly 100 or more, and he is currently taking continuous medication.,Service connection was denied because there is no evidence that gastroesophageal reflux disease/hiatal hernia manifested during service or within one year of separation and it is not etiologically related to service, including presumed exposure to herbicide agents in Thailand. The Veteran's skin cancer claim was remanded due to the PACT Act requiring VA to provide an examination and medical opinion regarding its relationship to herbicide agent exposure.,The Board found that new evidence from the PACT Act required a de novo review of the skin cancer service connection claim.

Claimed conditions
hypertension, gastroesophageal reflux disease (GERD)/hiatal hernia, skin cancer
How they argued it
Presumptive (no nexus needed)
Exposure basis
Gulf War
Rating assigned
None in this decision
Decision date
December 4, 2023
Citation
A23034430

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 A23034430.

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.

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