The Board has determined that there was not substantial compliance with its remand directives and the claims are being returned for further development.
The deciding factor: The VA medical opinions provided were inadequate as they did not address the relevant medical evidence of record, including the Veteran's lay statements regarding symptom onset and continuity.
- Claimed conditions
- Right leg disability, Left leg disability, Bronchitis, Abdominal pain, to include a gynecological disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 28, 2023
- Citation
- 23062948
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 23062948.
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.
- Granted
The Veteran's right foot condition, including pain and functional limitation, is related to service. The Veteran's right leg disability did not have an onset in service or manifest within a year of service, nor is it otherwise related to service or a service-connected disability. The Veteran's left leg disability also did not have an onset in service or manifest within a year of service, nor is it otherwise related to service or a service-connected disability.
- Granted
The Veteran's initial disability rating for bronchitis with asthma is granted at a 60 percent level through December 26, 2023. The rating of 10 percent between December 27, 2023 and November 11, 2025 is denied. A higher rating since November 12, 2025 is also denied.
- Denied
The Veteran's appeals for increased ratings for his right leg and right ankle disabilities, as well as a compensable rating for his left knee scar, were denied. The Board found that the Veteran failed to cooperate with scheduled VA examinations without providing good cause.
- Granted
The Veteran's claim for an earlier effective date of January 30, 2018, for the evaluation of bronchitis is granted. The Board found that the Veteran continuously pursued his claims and the AOJ erred in denying the claim based on incorrect appeal form submission.
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