The Board has determined that the failure to schedule a second VA examination before issuing the February 2024 decision on appeal was a pre-decisional duty-to-assist error. The Veteran's service in Thailand is presumed for herbicide exposure under the PACT Act, and he has atrial fibrillation which may be related to such exposure. However, without a medical opinion, it cannot be determined whether atrial fibrillation is or is not related to herbicide-agent exposure.
The deciding factor: The Board found that there was a pre-decisional duty-to-assist error in failing to schedule the Veteran for a VA examination before issuing the February 2024 decision on appeal, which could have provided evidence of a relationship between atrial fibrillation and herbicide exposure.
- Claimed conditions
- Atrial fibrillation
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 17, 2024
- Citation
- A24056938
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 A24056938.
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 claim of entitlement to SMC based on the need for aid and attendance for the Veteran's spouse due to conflicting information in the June 2025 examination. A VA examination is needed to determine if the spouse requires regular aid and attendance.
- Remanded (sent back)
The Board has determined that the Veteran's cause of death (acute respiratory failure, atrial fibrillation, and/or hypertension) is related to his active duty service, including from exposure to toxins and chemicals from open burn pits during the harsh winters in Korea. The Board finds a pre-decisional duty to assist error and remands for obtaining a VA medical opinion.
- Remanded (sent back)
The Veteran's death was caused by cardiopulmonary arrest, with congestive heart failure, atrial fibrillation, and coronary artery disease presence of stent as the underlying cause. The Board has determined that there is a need for additional medical opinion regarding whether the Veteran's hypertension, which he had during service, contributed to his death.
- Denied
The Board denied the Veteran's claim of service connection for cause of death, finding that his service-connected conditions did not contribute to his death. The evidence showed well-controlled heart symptoms prior to death and no causal relationship between anxiety and cardiopulmonary disease or renal failure.
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