The Board remands the claims for service connection for herpes simplex type II and left shoulder pain and limited range of motion to schedule VA examinations.
The deciding factor: A pre-decisional duty to assist error has occurred as the Veteran has not been afforded an examination, necessitating a remand for further development.
- Claimed conditions
- herpes simplex type II, left shoulder pain and limited range of motion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2024
- Citation
- A24064168
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.
- Granted
The Board granted a 60 percent disability rating for herpes simplex type II because the Veteran requires near-constant use of systemic medication to control symptoms.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's skin disorder claims, including his rash and herpes simplex type II. The case is now pending for further development.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.