The Board remands the veteran's claims for service connection for various disabilities to correct a pre-decisional duty to assist error and satisfy regulatory and statutory duties.
The deciding factor: A remand is necessary to correct an error in satisfying regulatory or statutory duties by associating with the claims file VA treatment records dated prior to August 2019, and to schedule the Veteran for an examination to determine the nature and etiology of his claimed skin disabilities.
- Claimed conditions
- right shoulder disability, left shoulder disability, right hand/finger disability, right lower extremity disability, left lower extremity radiculopathy, right knee disability, right shin disability, bilateral foot disability, to include pes planus, hammer toes, and calcaneal heel spurs, bilateral hearing loss disability, tinnitus, hemorrhoids, chronic obstructive pulmonary disorder (COPD), non-productive cough, erectile dysfunction, hypertension, skin disability, to include a rash on the arms and feet, and toenail fungus, psychiatric disability, to include anxiety and mood swings, sleep disorder, to include insomnia, allergic rhinitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 12, 2024
- Citation
- A24073467
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.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- 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 appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- 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.
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