The Board has decided to remand the Veteran's claims for chronic sinusitis, elective bariatric surgery, and breathing problems due to errors in duty-to-assist. The appeal is being returned to obtain private treatment records and new examinations or medical opinions.
The deciding factor: The Board found that prior to the February 2023 rating decision, there were duty-to-assist errors related to obtaining private treatment records and conducting adequate examinations for the Veteran's claims of chronic sinusitis, elective bariatric surgery, and breathing problems.
- Claimed conditions
- chronic sinusitis, elective bariatric surgery (claimed as stomach issues), breathing problems (also claimed as upper respiratory infections)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 26, 2024
- Citation
- A24086189
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 A24086189.
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 has denied service connection for chronic rhinitis, chronic sinusitis, and chronic fatigue syndrome as there is no evidence of a current disability in the record.
- Remanded (sent back)
The Board has denied service connection for chronic sinusitis and remanded the claim for a lumbar spine disability due to insufficient evidence.
- Dismissed
The appeal seeking readjudication of the previously denied claim for PTSD and multiple other conditions is dismissed due to a procedural defect. The Veteran's authorized representative at the time the appeal was submitted did not have the authority to file the appeal.
- Dismissed
The Veteran withdrew their claims for service connection for chronic rhinitis and chronic sinusitis, thus the appeal is dismissed.
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