The Board remands the claims for post-polio syndrome and low back pain associated with preexisting scoliosis to obtain a medical examination and/or opinion in compliance with the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxins Act of 2022 (PACT Act) and due to a pre-decisional duty to assist error.
The deciding factor: The PACT Act requires VA to provide a medical examination and obtain an opinion addressing the possibility of a nexus between the claimed disability and toxic exposure, while the RO did not seek further VA examination and/or opinion in which the examiner could review outstanding records.
- Claimed conditions
- post-polio syndrome (PPS), low back pain associated with preexisting scoliosis
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- June 4, 2025
- Citation
- A25049566
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
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