The Board has determined that the VA medical opinion evidence is inadequate and remands the case for an in-person examination to determine if the Veteran's current disability is due to carelessness, negligence, lack of proper skill, error in judgment, or other instance of fault on the part of VA prior to and in furnishing hospital care, medical or surgical treatment, or examination.
The deciding factor: The Board found that the February 2021 VA medical opinion evidence was inadequate due to the examiner's failure to afford due consideration to the appellant's competent lay evidence regarding her relationship with the medication prescribed by VA.
- Claimed conditions
- extreme fatigue, neurological symptoms, musculoskeletal symptoms
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 28, 2024
- Citation
- A24027492
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 A24027492.
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 Board has remanded the issues of service connection for extreme fatigue, difficulty breathing, sepsis, and urinary tract infection due to incomplete records and a need for additional medical opinions.
- Remanded (sent back)
The Board has decided to remand the claims of service connection for neurological symptoms and muscle pain due to a lack of VA examinations, which is considered a pre-decisional duty to assist error.
- Remanded (sent back)
The Board has determined that the VA examination and medical opinion provided were inadequate, and thus remanded to obtain additional private medical records and provide a new examination.
- Remanded (sent back)
The Board remands the claims for an initial disability rating in excess of 30 percent for pneumonia, restrictive lung disease, and recurrent URIs, as well as service connection for extreme fatigue, to correct duty-to-assist errors.
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