The Board remands the claim for service connection for constipation (claimed as abdominal pain) to obtain a medical examination and opinion in compliance with the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxins Act of 2022 (PACT Act).
The deciding factor: Remand is required due to an inadequate TERA examination and to correct a pre-decisional duty-to-assist error.
- Claimed conditions
- constipation (claimed as abdominal pain)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- October 18, 2024
- Citation
- A24067058
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.
- Remanded (sent back)
The Board remands the claim for a medical opinion addressing whether the Veteran's left eye condition is related to service, as it found that the condition did not preexist service.
- Granted
The Board granted service connection for prostate cancer, related to in-service exposures at Camp Lejeune.
- Granted
The Veteran is granted an effective date of August 10, 2022, for the grant of service connection for sinusitis based on the PACT Act.
- Granted
The Board granted service connection for left and right lower extremity peripheral neuropathy, finding that the conditions are related to in-service herbicide agent exposure.
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