The Board remands the claim for SMC-AA/HB to correct a duty to assist error that occurred prior to the July 2022 supplemental claim decision.
The deciding factor: The AOJ had a duty to obtain VA treatment records scanned into VistA, regardless of their relevance, but these records were not associated with the claim file prior to the decision on appeal.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2024
- Citation
- A24072159
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.