The Board remands the claims for further evidentiary development due to errors in the previous decision, including failure to address certain arguments and ensure proper notification of the Veteran's rights regarding private treatment records.
The deciding factor: The Board found that there were procedural errors in the prior decision that necessitated a remand for additional evidence and clarification of the reasons and bases for the decisions.
- Claimed conditions
- left foot heel spur, right foot heel spur, gastroesophageal reflux disease (GERD) and hiatal hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 5, 2024
- Citation
- 24032666
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.
- Partly granted
The Board granted a 30 percent rating for the Veteran's right upper extremity nerve damage and denied an increased rating for left upper extremity nerve damage. Other issues were remanded.
- Partly granted
The Board granted service connection for left and right long finger strains, a right ankle strain, and GERD with hiatal hernia. The appeal seeking increased ratings for chronic fatigue syndrome, fibromyalgia, allergic rhinitis, and scars was dismissed due to severance of service connection.
- Remanded (sent back)
The Board remands the claims for a higher rating for gastroesophageal reflux disease (GERD) and hiatal hernia, multilevel cervical spondylosis, left upper extremity radiculopathy, and right upper extremity radiculopathy to correct pre-decisional duty to assist errors.
- Denied
The Board denied the veteran's claims for an earlier effective date for service connection and special monthly compensation based on housebound criteria, as there was no legal basis to support an earlier effective date.
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