The Board remands the veteran's claims for service connection for various conditions, including asthma, chronic rhinitis, chronic sinusitis, a skin condition, sleep apnea, GERD, low back disability, neuropathy of both lower extremities associated with the low back disability, and tinnitus, to obtain VA examinations.
The deciding factor: Remand is warranted due to unfulfilled examination requests and the need for medical opinions regarding the Veteran's toxic exposure risk activities under the PACT Act.
- Claimed conditions
- asthma, chronic rhinitis, chronic sinusitis, skin condition, sleep apnea, gastroesophageal reflux disease (GERD), low back disability, neuropathy of the lower left extremity associated with low back disability, neuropathy of the right lower extremity associated with low back disability, tinnitus
- How they argued it
- Direct service connection
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- January 17, 2024
- Citation
- 24002452
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.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Remanded (sent back)
The Board remands the claim for service connection for tinnitus to correct a duty to assist error, as the Veteran's lay statements regarding onset and continuity of symptoms were not adequately considered in the previous decision.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
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