The Board remands the claims for service connection due to a need for further development and correction of pre-decisional duty to assist errors.
The deciding factor: The VA examinations were found inadequate, and there is a need to correct pre-decisional duty to assist errors related to missing treatment records.
- Claimed conditions
- back disability, right hip disability, left hip disability, right knee disability, left knee disability, right ankle disability, left ankle disability, irritable bowel syndrome (IBS), gastroesophageal reflux disease (GERD), chronic allergic rhinitis, chronic sinusitis, hypertension, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- October 10, 2024
- Citation
- A24065108
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 an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- 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.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
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