The Board has decided to remand the claim of service connection for brain fog and loss of memory due to exposure to burn pits during active duty in Afghanistan. A VA examination is required to determine if these conditions are related to service.
The deciding factor: The Veteran's participation in a toxic exposure risk activity (TERA) while serving in Afghanistan, which qualifies as a TERA under the PACT Act, requires a VA examination and medical nexus opinion regarding whether any diagnosed brain fog or memory loss is etiologically related to his conceded participation in a TERA.
- Claimed conditions
- brain fog, loss of memory
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- December 2, 2024
- Citation
- A24079324
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 A24079324.
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.
- Dismissed
The Board dismissed the veteran's appeal for service connection for various conditions due to a failure to file a timely notice of disagreement with an AOJ decision from January 2019.
- Granted
The Veteran's Parkinson's disease and related disabilities are service-connected. The Board granted the appeal for both issues.
- Remanded (sent back)
The Board remanded the veteran's claims for service connection for fatigue, PTSD, thyroid disorder, loss of memory, and headache disorder. The Board found that the VA did not provide necessary examinations and notifications.
- Remanded (sent back)
The Board has decided to remand the case due to a pre-decisional duty to assist error, specifically regarding the VA examiner's opinion on the Veteran's claimed condition of memory loss and lack of concentration. The Veteran is requested to undergo a neuropsychological evaluation by an appropriate clinician to address his symptoms under both direct service connection theory and presumptive service connection for Gulf War syndrome.
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