The Board has decided to remand the case due to a duty to assist error, specifically failing to provide a VA examination in connection with the Veteran's claim for service connection of a left diaphragm disorder. The examiner is requested to determine if any current diaphragm disorders are related to the Veteran's military service.
The deciding factor: The Board found that there was insufficient competent medical evidence on file regarding the relationship between the Veteran's current diaphragm disorder and his military service, necessitating a VA examination.
- Claimed conditions
- diaphragm disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2023
- Citation
- A23037179
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 A23037179.
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 Veteran's claims for compensation under 38 U.S.C. § 1151 for a diaphragm disorder and lung condition are remanded due to the lack of availability of his full consent form related to the April 2021 left reverse total shoulder arthroplasty.
- Remanded (sent back)
The Veteran is seeking compensation under 38 U.S.C. § 1151 for a right lung condition (also claimed as a diaphragm disorder) that allegedly resulted from VA-provided medical care in 1990 and 1996. The Board has ordered additional development to determine the nature of any current right lung or diaphragm disorder, its relationship to procedures performed as a result of VA referral, and whether it is related to events not reasonably foreseeable.
- Remanded (sent back)
The Veteran's claim for compensation under 38 U.S.C. 1151 due to a right lung condition (also claimed as diaphragm disorder) is being remanded for further development, including obtaining private medical records from Queens Hospital.
- Remanded (sent back)
The Veteran is seeking compensation under 38 U.S.C. 1151 for a right lung condition, but the Board finds that it remains unclear whether this disability occurred during his June 1990 CABG or August 1996 CABG. The AOJ needs to obtain private medical records from Queens Hospital and any other providers who treated him after the August 1996 CABG.
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