The Board remands the claims for service connection and increased ratings, as well as the claim for a higher rating for fibromyalgia and IBS, to correct an error by the AOJ to satisfy its duty to assist under 38 U.S.C. § 5103A.
The deciding factor: The February 2020 VA examinations are inadequate because they do not consider the Veteran's essential contention that his symptoms are part of a multi-symptom illness, as due to his service in Operations DESERT SHIELD and DESERT STORM. Additionally, the Board must remand for an examination to determine if there is a direct relationship between the claimed disabilities and toxic exposure under the PACT Act.
- Claimed conditions
- fibromyalgia, irritable bowel syndrome (IBS), pulmonary condition, cardiovascular condition, hypertension, chronic fatigue syndrome (CFS), diabetes, skin issues
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- October 2, 2024
- Citation
- A24062691
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 service connection for scarring, right orchiopexy and remanded the claim of asbestos exposure residuals. Other claims for service connection were denied.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
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