The Board has determined that there is a pre-decisional duty to assist error in the case and requires a VA examination and opinion on remand. The Veteran's respiratory and sinus disabilities are related to his service due to exposure to toxins during active duty.
The deciding factor: The PACT Act requires a VA examination for veterans who participated in TERA, and such examination must consider all toxic exposures and their combined effects.
- Claimed conditions
- sinus condition, respiratory condition
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating
- Not verified here — check the original decision
- Decision date
- November 6, 2024
- Citation
- A24072433
Veterans Law Judge
Decisions by this judge: 734 · Granted: 31% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation A24072433.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has determined that the VA examination provided in April 2024 was inadequate for adjudication purposes and remands the case for a new examination to determine if the Veteran's sinus condition is related to his military service.
- Whole decision: Remanded (sent back)
The Veteran's respiratory condition, including COPD, is remanded due to errors in obtaining SSA records and an inadequate TERA memo. The Board finds the AOJ erred by not attempting to obtain relevant SSA records and by relying on an incomplete TERA memo.
- Whole decision: Denied
The Board denied service connection for sinus condition, left ear hearing loss, right ear hearing loss, and sleep apnea as there was no current disability related to these conditions during the pendency of the claim. The Veteran's self-reported symptoms were not supported by medical evidence.
- Whole decision: Dismissed
The Veteran requested to withdraw all his appeals for service connection of sinus condition, migraine condition, irritable bowel syndrome (IBS), and gastroesophageal reflux disease (GERD). As a result, the Board dismissed these claims.
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