The Board remands the claims for service connection for paresthesia and chronic constipation to correct duty to assist errors that occurred prior to the issuance of the April 2020 rating decision.
The deciding factor: The March 2020 VA examination reports are found inadequate, as they do not provide a thorough rationale or address whether the Veteran's symptoms are related to toxic exposures during service.
- Claimed conditions
- Paresthesia, Chronic constipation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2024
- Citation
- A24064198
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.
- Denied
The Board denied the Veteran's claims for earlier effective dates and an increased rating for urinary incontinence, dysarthria, dysphagia, and chronic constipation as residuals of right pontine stroke.
- Remanded (sent back)
The Board remands the claims for service connection and initial ratings due to a duty to assist error in failing to obtain outstanding VA and private treatment records.
- Partly granted
The Board granted increased ratings for bilateral lower extremity radiculopathy and service connection for chronic constipation and erectile dysfunction, but denied an evaluation in excess of 40 percent for a back disability.
- Dismissed
The appeal for increased evaluations was withdrawn by the Veteran, and the effective dates for service connection were denied as they did not meet the criteria for an earlier date.
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