The Board remands the appeal to schedule new VA examinations to determine whether the Veteran's claimed disabilities are secondary to his ventral hernia repair with pain with residuals.
The deciding factor: Remand is necessary due to predecisional duty-to-assist errors and to address the appropriate issues on appeal regarding secondary service connection.
- Claimed conditions
- Irritable Bowel Syndrome, Left Hemicolectomy with Removal of Small Intestines, Enterocutaneous Fistula, Pancreatitis, Scar on Neck, Tracheostomy, Scar, Right Thigh Skin Graft, Residuals of a Cholecystectomy, Residuals of an Appendectomy, Fatigue, Residuals of a Pulmonary Embolism, Absence of Abdominal Wall Muscles, Muscle Group XIX, Thoracolumbar Spine Disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 4, 2024
- Citation
- A24071574
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 service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Denied
The Board denied service connection for insomnia, fatigue, gallstones, varicose veins, anemia, colitis, and PTSD due to a lack of evidence supporting the claims.
- Partly granted
The Board denied increased ratings for the Veteran's service-connected right and left knee disabilities, granted a 20% rating for each, and denied an increased rating for degenerative disc disease of the spine. The Board also denied increased ratings for generalized anxiety disorder and service connection for posttraumatic stress disorder, bruxism, headaches, irritable bowel syndrome, fatigue, and sleep disorder.
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