The Board has remanded the claims for HIV, back condition, hypertension, emphysema, and bilateral leg conditions due to a failure to consider all VA treatment records from the time of service until the rating decision.
The deciding factor: The Board found that there was a pre-decisional failure to assist error in not considering all VA treatment records from the Veteran's period of active duty until the date of the rating decision on appeal.
- Claimed conditions
- HIV, back condition (claimed as back brace, heating pad, and cane), hypertension (claimed as high blood pressure), emphysema (claimed as COPD and nebulizer), bilateral leg condition (claimed as swelling in legs, leg brace, medically prescribed pain cream, compression stockings, heating pad, walking cane, rollator, and walker)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2024
- Citation
- A24063877
Veterans Law Judge
Decisions by this judge: 2,062 · Granted: 34% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24063877.
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.
- Dismissed
The Veteran's appeals for increased ratings for PTSD and sleep apnea have been withdrawn. The appeal concerning service connection for HIV has been remanded due to the need for a VA examination.
- Denied
The Board has denied the Veteran's claims for service connection for lung cancer, hypertension (claimed as high blood pressure), and supraventricular tachycardia with atherosclerosis (claimed as heart problems) due to insufficient evidence linking these conditions to active-duty service.
- Denied
The Veteran's service connection claims for chronic fatigue syndrome, hypertension (claimed as high blood pressure), chronic bronchitis to include respiratory complaints and shortness of breath, and chronic sinusitis have all been denied.,Service connection was not granted for any of the conditions due to lack of evidence showing a current disability or a link between the condition and service.
- Remanded (sent back)
The Veteran's claims for service connection have been remanded due to incomplete verification of his Reserve service and inadequate medical opinions regarding his hypertension and hypertensive heart disease. The RO is instructed to verify all periods of active duty, obtain TERA medical opinions if necessary, and schedule the Veteran for a psychiatric examination.
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