The Board finds that the Veteran's claims for service connection related to arthritis of the upper and lower extremities, as well as cervical and thoracolumbar spine conditions are remanded due to a pre-decisional duty to assist error. The claims were denied because there was no verification of exposure to toxins at Fort McClellan.
The deciding factor: The Veteran's service treatment records (STRs) were silent for any complaints related to the above conditions, and his claims were denied as he did not provide specific information about where and when he was exposed to toxins. The Board notes that the Veteran has provided previous information regarding exposure but it was not verified.
- Claimed conditions
- Arthritis of the left upper extremity, Arthritis of the right upper extremity, Arthritis of the right lower extremity, Cervical and thoracolumbar spine, Diabetes mellitus, Ischemic heart disease, Obstructive sleep apnea (OSA)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- September 27, 2024
- Citation
- A24061834
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 A24061834.
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 Veteran's claim for an initial rating of 30 percent prior to July 18, 2014, and a higher than 60 percent rating thereafter for ischemic heart disease is being remanded due to incomplete evidence. The examiner needs to provide more detailed information about the severity of his service-connected condition.
- Granted
The Board has granted service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea (OSA), finding that both conditions are secondary to the Veteran's service-connected lower back condition and sinusitis, respectively.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an earlier effective date and increased rating for ischemic heart disease due to a failure by the AOJ to request SSA records, which were not available.
- Granted
The Board has granted the Veteran's claim for payment or reimbursement of ambulance travel expenses incurred on June 17, 2025 due to an emergency heart attack. The ambulance service was provided by a volunteer organization and later intercepted by a higher-tier EMT company.
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