The Board remands the issues of service connection for chronic diarrhea and entitlement to compensation under 38 U.S.C. § 1151 for chronic diarrhea due to a pre-decisional duty to assist error and an error satisfying regulatory or statutory duty.
The deciding factor: Remand is required because the November 2023 direct service medical opinion is inadequate, as it failed to acknowledge in-service complaints of diarrhea, and the AOJ's failure to address the theory of entitlement to compensation under 38 U.S.C. § 1151 as raised by the Veteran constitutes a failure to satisfy regulatory or statutory duty.
- Claimed conditions
- chronic diarrhea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2025
- Citation
- A25049150
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 chronic diarrhea, headaches, and neck pain for initial adjudication on the merits by the AOJ.
- Granted
The Board granted service connection for chronic diarrhea, resolving all reasonable doubt in the Veteran's favor.
- Dismissed
The Veteran withdrew the appeals for service connection for chronic diarrhea and GERD, and the Board has no jurisdiction to review these matters.
- Partly granted
The Board granted service connection for obstructive sleep apnea and an acquired psychiatric disorder, variously diagnosed as PTSD and major depressive disorder. The claims for chronic diarrhea were remanded.
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