The Board remands the issues of entitlement to service connection for various conditions due to a pre-decisional duty to assist error regarding incomplete PHP information.
The deciding factor: Remand is necessary because the AOJ did not properly attempt to retrieve private medical records despite having an incomplete VA Form 21-4142a, which could have potentially aided in substantiating the claims.
- Claimed conditions
- head injury, acquired psychiatric disorder (insomnia, depression, anxiety), right knee disability, gastroesophageal reflux disease (GERD), diabetic neuropathy, left foot, diabetic neuropathy, right foot, cervical strain, degenerative disc disease of the cervical spine, diabetes mellitus type II, enlarged prostate, diabetic retinopathy, lumbar spine disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 8, 2024
- Citation
- A24073327
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.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- 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 various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Denied
The Board denied service connection for tinnitus, cubital tunnel syndrome, right plantar fasciitis, and a right knee disability due to the lack of evidence supporting a nexus between these conditions and the Veteran's military service.
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