The Board has determined that there is a pre-decisional duty-to-assist error in the case and requires an addendum opinion to address the adequacy of the July 2018 VA medical opinion.
The deciding factor: The July 2018 VA medical opinion was inadequate as it lacked a rationale for its conclusion, which constitutes a pre-decisional duty-to-assist error.
- Claimed conditions
- hepatitis B, liver condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2024
- Citation
- A24013706
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 A24013706.
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 Veteran's claims for earlier effective dates and increased ratings are being remanded due to the need for further review of the evidence. The Board is unable to determine if there was a factual increase in disability prior to the effective dates requested, or if service connection should be granted based on the current evidence.
- Dismissed
The Veteran withdrew his appeal for increased ratings for hepatitis B and C with chronic fatigue, migraines, cervical strain with degenerative arthritis, and chronic cartilage fracture at junction of 10th and 11th right rib complex.
- Dismissed
The Veteran's appeals for service connection were dismissed due to his withdrawal of the appeal, and he was denied for stomach condition, liver condition, and depression.
- Remanded (sent back)
The Veteran's claim for service connection for sleep apnea is being remanded due to the submission of new and relevant evidence. The claim for a higher initial rating for hepatitis B remains denied.
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