The Board remands the claims for service connection and a higher rating due to insufficient evidence and need for additional VA examinations.
The deciding factor: Remand is necessary to obtain outstanding VA treatment records and schedule an examination to determine the etiology of any gastrointestinal disability, as the previous opinion was based on inaccurate factual premises.
- Claimed conditions
- gastrointestinal disability, cervical spine disability, psychiatric disability, to include propriety of a reduction in rating
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2024
- Citation
- A24067055
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 a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
- Remanded (sent back)
The Board remands the claim for a psychiatric disability to correct a pre-decisional duty to assist error, specifically regarding the presumption of soundness at entrance into service.
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