The Board has remanded the claims for service connection due to incomplete development and failure to address certain theories of entitlement. The AOJ is required to obtain relevant hospitalization records from 1985 and assess the Veteran's exposure to asbestos during his military service.
The deciding factor: The Board found that the AOJ failed to remand the right hip and hepatitis C claims along with the pelvic claim to obtain relevant outstanding hospitalization records, which constitutes a pre-decisional duty to assist error. Additionally, the AOJ did not address the Veteran's theory of entitlement based on in-service asbestos exposure for all claims.
- Claimed conditions
- Right hip disability, Hepatitis C, Hypertension, Diabetes mellitus
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- December 14, 2023
- Citation
- A23036030
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 A23036030.
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.
- Denied
The Board denied the claim of service connection for hypertension, finding that it did not manifest during service and is not causally related to the Veteran's exposure to herbicides or service.
- Denied
The Board denied the Veteran's claim for service connection for hypertension, finding that there was no evidence of a nexus between his current condition and active duty service or herbicide exposure.
- Denied
The Board has denied service connection for hypertension and has remanded the issue of an increased rating for skin condition.
- Granted
The Board has restored the Veteran's 10% rating for hypertension effective December 1, 2025 and denied a rating in excess of 10%. The reduction from 10% to noncompensable was not proper.
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