The Board remands the claims for further development and to obtain a more contemporaneous examination, as well as an adequate medical opinion regarding the etiology of the Veteran's claimed disabilities.
The deciding factor: The evidence shows that the Veteran may be experiencing additional symptoms not contemplated by his disability rating, and therefore a remand is necessary per Snuffer. The record contains evidence of a material change in a disability, and VA must provide a new examination where a Veteran claims the disability is worse than when originally rated or last evaluated.
- Claimed conditions
- maxillary sinusitis, cervical spine disability, left shoulder disability, right shoulder disability, obstructive sleep apnea (OSA), erectile dysfunction, right hand disability, left hand disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2024
- Citation
- 24001204
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.
- Partly granted
The Veteran was granted a 70 percent initial disability rating for PTSD effective December 2, 2021, but the claim for an increased rating in excess of 70 percent was denied. The appeal also included claims for service connection and ratings for various conditions, some of which were granted while others were remanded.
- Granted
The Board granted service connection for obstructive sleep apnea (OSA) based on the Veteran's exposure to in-service chemical agents.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claim for service connection for erectile dysfunction due to an inadequate VA opinion regarding its etiology.
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