The Board has identified errors in the AOJ's decision and has remanded the claims for service connection due to the Veteran's participation in a TERA, as well as for obtaining private treatment records. The PACT Act requires VA to obtain medical nexus opinions and examinations for claimed disabilities with possible associations to toxic exposure.
The deciding factor: The Veteran's service includes participation in a TERA, which creates a statutory duty to obtain an examination and opinion regarding the claims of IBS and OSA.
- Claimed conditions
- irritable bowel syndrome (IBS), an acquired psychiatric disorder, obstructive sleep apnea (OSA) as secondary to an acquired psychiatric disorder, a left leg condition, a right leg condition, a lower back condition
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 20, 2024
- Citation
- A24076785
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 A24076785.
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.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Denied
The Veteran's claim for TDIU was denied as the evidence did not establish that he is unable to secure or follow substantially gainful occupation due to his service-connected disabilities.
- Dismissed
The Veteran's appeal for service connection for liver cancer and an increased rating for irritable bowel syndrome has been dismissed due to the Veteran's death.
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