The Board remands the claims for service connection for COPD, essential tremors of the bilateral hands, LUE and RUE peripheral neuropathy, and movement disorder with gait instability due to a pre-decisional duty to assist error.
The deciding factor: An adequate TERA memo and examination were not prepared, which is required under 38 U.S.C. § 1168(a).
- Claimed conditions
- Chronic obstructive pulmonary disease (COPD), Essential tremors of the bilateral hands, Left upper extremity (LUE) peripheral neuropathy, Right upper extremity (RUE) peripheral neuropathy, Movement disorder with gait instability
- How they argued it
- Direct service connection
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- October 21, 2024
- Citation
- A24067432
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 readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Denied
The appeal for service connection for PTSD was dismissed, and the claims for a compensable rating for the lower back scar, service connection for COPD, and peripheral artery disease were denied.
- Denied
The Board denied the veteran's claims for service connection for PTSD, COPD, a gastrointestinal disability, and migraines due to lack of evidence supporting a link between these conditions and her military service.
- Dismissed
The appeals for service connection and higher initial rating were dismissed due to concurrent election of review options.
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