The Board remands the claims for service connection for allergic rhinitis, diverticulosis, GERD, and restless leg syndrome to correct duty to assist errors that occurred prior to the July 2022 SSOC rating decision. The remand is also to address potential presumptive causation under the PACT Act.
The deciding factor: The June 2022 VA advisory medical opinions are inadequate as they improperly determined credibility and failed to consider lay statements of continuity of symptomatology, and the claims need to be addressed for potential presumptive causation under the PACT Act.
- Claimed conditions
- allergic rhinitis, diverticulosis, gastroesophageal reflux disease (GERD), restless leg syndrome
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- November 7, 2024
- Citation
- A24073240
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 Board denied increased ratings for the Veteran's lumbar spine pain, allergic rhinitis, and recurrent yeast infections. The claims for service connection for generalized anxiety disorder with alcohol use disorder and left knee pain were remanded.
- Dismissed
The Veteran withdrew his appeals for service connection for gastroesophageal reflux disease (GERD) and pernicious anemia, and the Board dismissed both appeals.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Denied
The Board denied a rating in excess of 10 percent for gastroesophageal reflux disease (GERD) as the appellant does not have a documented history of recurrent or refractory esophageal stricture(s).
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