The Board has remanded the Veteran's claims for service connection for right and left lower extremity neurologic disabilities due to a duty to assist error. The Veteran was not provided with an adequate opportunity to provide details of his herbicide agent exposure, which is necessary to determine if he can establish service connection based on such exposure.
The deciding factor: The Board found that the AOJ did not obtain a medical opinion addressing whether the Veteran's neurologic disabilities were related to chemical exposure during service, which was a pre-decisional duty to assist error.
- Claimed conditions
- Right lower extremity neurologic disability, Left lower extremity neurologic disability
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- December 9, 2024
- Citation
- A24081763
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 A24081763.
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.
- Denied
The Board denied separate evaluations for right and left lower extremity neurologic disabilities, bladder impairment, bowel impairment, and erectile dysfunction as manifestations of the Veteran's service-connected lumbar spine disorder.
- Granted
The Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Granted
Service connection for Posttraumatic Stress Disorder (PTSD) is granted. The appeal as to the issue of entitlement to service connection for erectile dysfunction is dismissed.
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