The Board has remanded the claims of service connection for a back disability, respiratory disability (COPD), hepatitis C, and balance issues due to VA's failure to substantially comply with its previous remand instructions.
The deciding factor: The Board found that VA owed a duty to assist the Veteran in obtaining nexus opinions but did not provide updated VA examinations as directed by the April 2019 Board decision. The claims are therefore being returned for further development and readjudication.
- Claimed conditions
- back disability, respiratory disability (COPD), hepatitis C, balance issues
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2023
- Citation
- 23056732
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 23056732.
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 expanded the scope of the claim for major depression to encompass any mental health disability raised by the record and has remanded six issues for additional development.
- Granted
The Board has reopened the Veteran's claims of service connection for a back disability, endometriosis, thyroid condition, and chronic fatigue syndrome due to new evidence submitted since the last final denial. The claims are now considered on their merits.
- Remanded (sent back)
The Board has decided to remand the case due to incomplete service treatment records and a need for additional VA examination. The Veteran's back disability is being reviewed again with new evidence.
- Remanded (sent back)
The Board has remanded the claims of service connection for back, hip, and lower extremity disabilities due to a lack of VA examination and outstanding treatment records. The Veteran's current diagnoses and lay statements will be considered in determining if his conditions are related to service.
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