The Board remands the matter for an updated Toxic Exposure Risk Activity (TERA) memo and a medical opinion to correct pre-decisional duty-to-assist error.
The deciding factor: Remand is necessary due to potential toxic exposures during service that were not adequately addressed in the previous TERA memo and VA medical opinion.
- Claimed conditions
- Acute respiratory failure with pneumonia and fever, Diabetes, Hypertension, Atrial fibrillation, Kidney disease, Chronic back pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2025
- Citation
- A25038912
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.
- Remanded (sent back)
The Board remands the claims for service connection for diabetes mellitus type II and hypertension, to include as secondary to left orchiectomy, for further development in accordance with the PACT Act.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Granted
The Board granted service connection for congestive heart failure with implanted pacemaker, bradycardia, valvular heart disease, and atrial fibrillation, secondary to the Veteran's service-connected hypertension.
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