The Veteran's left and right lower extremity varicose vein conditions are not service-connected.,The Veteran's GERD is remanded for further evaluation due to inadequate etiology opinion.,The Veteran's tinnitus is remanded for further evaluation due to inadequate nexus opinion.,The Veteran's sleep apnea is remanded for further evaluation due to inadequate secondary service connection etiology opinions.,The Veteran's low back condition is remanded for a VA examination.
The deciding factor: There is no evidence of an in-service disease or injury that could have caused the Veteran's current varicose vein conditions. The Board finds the AOJ's failure to obtain an adequate etiology opinion to be a pre-decisional duty-to-assist error.,The VA examiner did not address the Veteran's reported symptoms during service and their association with GERD, leading to inadequate nexus opinion.,The VA examiner did not provide an opinion as to whether the Veteran's sleep apnea was aggravated by her panic disorder. The AOJ's failure to obtain adequate secondary service connection etiology opinions is a pre-decisional duty-to-assist error.,The Board finds that the Veteran should have been afforded a VA back conditions examination prior to making a decision on her claim, as there were indications of an association with service but insufficient medical evidence was available at the time of the March 2021 rating decision.,A VA examiner is needed to determine if the Veteran's GERD and tinnitus are related to service. The AOJ's failure to obtain adequate etiology opinions for these conditions is a pre-decisional duty-to-assist error.
- Claimed conditions
- left lower extremity varicose vein condition, right lower extremity varicose vein condition, gastroesophageal reflux disease (GERD), tinnitus, sleep apnea, low back condition, right lower extremity radiculopathy (sciatic nerve), left lower extremity radiculopathy (sciatic nerve), right lower extremity radiculopathy (femoral nerve), left lower extremity radiculopathy (femoral nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 13, 2024
- Citation
- A24046046
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 A24046046.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Granted
The Veteran's tinnitus is granted as service connected. The issues of foot disability and cardiovascular disorder are remanded for additional development.
- Granted
The Board has granted service connection for tinnitus, finding that it is at least as likely as not that the Veteran experienced tinnitus during his active duty service.
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