The Board has remanded the claims for additional development due to pre-decisional duty to assist errors and recent passage of the PACT Act. The appellant's service connection claims are not addressed as they are being remanded.
The deciding factor: There were pre-decisional duty to assist errors made by the AOJ, including failing to obtain an etiological opinion for chronic kidney disease and inadequate development regarding herbicide agent exposure. Additionally, there was a discrepancy in the appellant's service dates in South Korea which affects his eligibility for presumptive exposure.
- Claimed conditions
- Bilateral Hearing Loss, Chronic Fatigue Syndrome, Chronic Kidney Disease, Coronary Artery Disease, Respiratory Disability (COPD, Coughing, Dyspnea), Disability Manifested by Dizziness
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2024
- Citation
- A24077207
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 A24077207.
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 granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- Remanded (sent back)
The Board denied the Veteran's claim for specially adapted housing and remanded the claim for service connection for fatigue (claimed as chronic fatigue syndrome) due to insufficient evidence.
- Granted
The Board granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's conditions are related to in-service noise exposure.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
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