The Board has remanded the cases for further development due to the PACT Act, which requires a medical nexus opinion and examination if a Veteran submits a claim for compensation for a service-connected disability under section 1110 with evidence of participation in toxic exposure risk activity (TERA) during service.
The deciding factor: The PACT Act legislation was not in effect at the time of the July 2019 rating decision on appeal, but as this case is in the Legacy system, remand is appropriate to fulfill VA's duty to assist.
- Claimed conditions
- diagnosed degenerative joint disease (DJD), left knee, hypertension, headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 29, 2024
- Citation
- 24009834
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 24009834.
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 Board has determined that the Veteran's headaches are at least as likely as not caused by his service-connected traumatic brain injury, and thus grants service connection for this condition.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
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