The Board has denied readjudication of the previously denied claims for lung disability and irritable bowel syndrome due to lack of new relevant evidence. The claims for OSA and hypogonadism are remanded as there is a pre-decisional duty to assist error.
The deciding factor: The VA examinations did not provide sufficient rationale regarding the relationship between the Veteran's disabilities and his active service, necessitating additional opinions.
- Claimed conditions
- Lung disability, Irritable bowel syndrome (IBS), Obstructive sleep apnea (OSA), Hypogonadism (claimed as low testosterone)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 19, 2024
- Citation
- A24019968
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 A24019968.
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.
- Denied
The Board denied service connection for gastroesophageal reflux disease (GERD) and irritable bowel syndrome (IBS), finding that the Veteran does not have current diagnoses of these conditions.
- Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA), finding that both conditions are secondary to the Veteran's service-connected lower back condition and sinusitis, respectively.
- Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected other specified trauma and stressor related disorder.
- Denied
The Veteran's claim for a higher level of SMC was denied as the Board found that he is already in receipt of SMC at the (l) rate based on need for regular aid and attendance due to service-connected disabilities, including coronary artery disease with congestive heart failure. A second award of SMC at the (l) rate based on need for regular aid and attendance was not warranted.
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