The Board has remanded the case for further development, including a VA psychiatric examination to determine if the veteran has nicotine dependence and whether it is at least as likely as not that this condition began in service. The claim will be adjudicated again based on this new information.
The deciding factor: The decision was remanded due to the need for additional evidence regarding the onset of nicotine dependence, which may affect the determination of service connection.
- Claimed conditions
- respiratory disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 6, 2003
- Citation
- 0308530
Veterans Law Judge
Decisions by this judge: 1,177 · Granted: 24% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Search VA.gov for the original decision (opens in a new tab) using citation 0308530.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has decided to remand the claims for respiratory disease and sleep apnea as secondary to schizophrenia, paranoid type, with depression and polysubstance abuse due to inadequate medical opinions. The Veteran's assertions will be considered in the adjudication of these claims.
- Whole decision: Remanded (sent back)
The Board remands the claims for service connection for respiratory disease and bilateral hearing loss due to a need for additional evidence, including a TERA memo and VA examinations.
- Whole decision: Remanded (sent back)
The appeal for service connection of respiratory diseases, including COPD and pulmonary vascular disease with a history of pulmonary embolism, is remanded. The Board found that the original decision did not fully address all aspects of the veteran's claim.
- Whole decision: Dismissed
The Veteran withdrew his appeal for service connection of a respiratory disease, claimed as cough due to an undiagnosed illness.
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