The Veteran's claim for service connection for cerebrovascular disease, including as due to herbicide agent exposure or as secondary to his service-connected diabetes mellitus, type II, is remanded. The Board notes the duty-to-assist error in not considering VA treatment records and requires a new opinion on whether the Veteran's stroke residuals are related to herbicide agents or any other toxic exposure risk activity (TERA).
The deciding factor: The Board found that there was a duty-to-assist error in not considering VA treatment records, which included additional strokes occurring after his diabetes diagnosis. The Board also noted the PACT Act requirements for obtaining an opinion on whether the Veteran's stroke residuals are related to herbicide agents or any other TERA.
- Claimed conditions
- cerebrovascular disease, transient ischemic attacks, residuals of multiple strokes
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 23, 2024
- Citation
- A24049528
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 A24049528.
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 claims of service connection for cause of death and DIC benefits due to a pre-decisional duty to assist error. The AOJ is instructed to develop the Veteran's potential exposures in service, including exposure to asbestos, jet fuel, herbicide agents, and possible radiation-risk activities. Medical opinions are needed regarding the relationship between the Veteran's conditions and his active service or service-connected disabilities.
- Dismissed
The Veteran's appeal for service connection on all listed conditions has been dismissed due to his death.
- Remanded (sent back)
The Board is remanding the claim for service connection of the Veteran's cause of death due to a predecisional duty to assist error in not obtaining relevant medical records from the state veteran's home.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including cerebrovascular disease, depression, hepatitis C, irregular heartbeat, and a heart disorder, to obtain additional medical evidence regarding their etiology.
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