The Board has remanded the case due to inadequate medical opinions and a need for clarification of the legal standard regarding secondary service connection.
The deciding factor: The opinion provided by the clinician did not address whether either diagnosed GI disorder is due to TERA or if it worsens the service-connected IBS, which is required under the recent Federal Circuit decision in Spicer v. McDonough.
- Claimed conditions
- diverticulitis, diverticulosis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- November 7, 2024
- Citation
- A24072896
Veterans Law Judge
Decisions by this judge: 896 · Granted: 51% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation A24072896.
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.
- Denied
The Veteran's claim of entitlement to service connection for a colon condition, including as caused by herbicide agent exposure or secondary to his service-connected disabilities, was denied. The Board found that the evidence did not support a finding of service connection on any basis.
- Dismissed
The Veteran's appeals for a compensable rating for chronic diarrhea, service connection for diverticulitis, and service connection for a respiratory system disability to include restrictive lung disease and sleep apnea syndrome have been dismissed due to the Veteran's death.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error, and will need to obtain an addendum medical opinion regarding the nature and etiology of the Veteran's diverticulosis and colon tumor.
- Granted
The Veteran's service connection claims for various conditions, including adjustment disorder, benign skin lesions, actinic keratosis, poikiloderma, porokeratosis, Parkinson's disease, benign prostatic hypertrophy, hypertension, increased urinary frequency, diverticulosis, duodenal ulcer, and bilateral cataracts are all granted due to exposure to herbicide agents, mustard gas, and ionizing radiation during service.
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