The Veteran's claims for an initial compensable rating for allergic rhinitis and service connection for sinusitis are being remanded due to pre-decisional duty to assist errors.,The Veteran's claim for service connection for scoliosis is being remanded due to pre-decisional duty to assist errors, including a lack of VA examinations and incomplete records from the Wilmington VAMC and Long Beach VAMC.,The Veteran's claim for service connection for vertigo is being remanded due to pre-decisional duty to assist errors, including a lack of treatment records from the University Hospital in Birmingham and the Naval Exchange in Brooklyn. The issue is also intertwined with other issues that are currently under review.,The Veteran's claims for service connection for a personality disorder and bipolar disorder are being remanded due to pre-decisional duty to assist errors, including incomplete Social Security Administration records and lack of verification of reported in-service stressors.,,
The deciding factor: Multiple pre-decisional duty to assist errors have been identified for the Veteran's claims. These include a failure to obtain relevant treatment records from various VA facilities, as well as incomplete Social Security Administration records and lack of verification of reported in-service stressors.,The Veteran has not undergone a VA examination specifically related to scoliosis since March 2022, despite having documented history and assertions regarding the condition. Additionally, there are gaps in treatment records from the Wilmington VAMC and Long Beach VAMC that need to be addressed.,There is a lack of relevant medical records for vertigo, including possible Social Security Administration disability records and records from the University Hospital in Birmingham and the Naval Exchange in Brooklyn. The issue is also intertwined with other issues currently under review.,The Veteran's claims for personality disorder and bipolar disorder are being remanded due to incomplete Social Security Administration records and lack of verification of reported in-service stressors, which may be relevant to these conditions.,,
- Claimed conditions
- allergic rhinitis, sinusitis, scoliosis, vertigo, personality disorder, bipolar disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2024
- Citation
- A24074935
Veterans Law Judge
Decisions by this judge: 882 · Granted: 22% (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 A24074935.
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 has remanded the case due to insufficient evidence regarding the Veteran's acquired psychiatric disorders, including bipolar disorder and PTSD. The Veteran will be asked to provide additional medical records and undergo a VA examination.
- Denied
The Board has denied the Veteran's claims of service connection for hypertension, fibromyalgia, and vertigo. The decision found that there was no evidence linking these conditions to his military service or a service-connected disability.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Remanded (sent back)
The Veteran's bilateral hearing loss and tinnitus are found to be related to military noise exposure during service.,The Veteran's obstructive sleep apnea, gastrointestinal (GI) disability, and vertigo are remanded for further examination and opinion.
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