The Board has determined that there is a pre-decisional duty to assist error in the AOJ's decision and remands the case for further action, including obtaining an addendum medical opinion addressing the nature and likely etiology of the appellant's urinary dysfunction.
The deciding factor: There was conflicting medical opinions regarding whether the appellant's urinary dysfunction is related to his service-connected obstructive sleep apnea. The AOJ failed to obtain a proper medical opinion on this issue, which constitutes a duty to assist error.
- Claimed conditions
- Urinary Dysfunction, Nocturia
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 9, 2024
- Citation
- A24081613
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 A24081613.
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 Veteran's service-connected obstructive sleep apnea and nocturia prevent him from securing and maintaining a substantially gainful occupation, warranting a total disability rating based on individual unemployability.
- Granted
The Veteran's urinary dysfunction, including urinary frequency and nocturia, is granted as secondary to his service-connected obstructive sleep apnea. The reduction of the rating for hemorrhoids from 10% to noncompensable effective March 31, 2021, was upheld.
- Remanded (sent back)
The Veteran's claim for service connection for urinary frequency and nocturia is remanded due to a lack of an opinion on whether his sleep apnea has aggravated these conditions.
- Granted
The Veteran's service-connected sleep apnea is found to be the proximate cause of their GERD and Nocturia, thus granting service connection for these conditions.
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