The Board has ordered further development due to pending issues and the court's decision invalidating certain regulations. The case is now being remanded for additional evidence collection and a VA examination.
The deciding factor: The Federal Circuit invalidated regulations allowing the Board to develop evidence without remanding to the AOJ, necessitating this remand for further action.
- Claimed conditions
- bronchitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 25, 2003
- Citation
- 0332934
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 0332934.
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 denied service connection for neurologic signs or symptoms due to toxic exposure at Camp Lejeune and remanded the claim for further development regarding bronchitis.
- Denied
The Board denied service connection for bronchitis, COPD, asthma, and plantar fasciitis as not being related to the Veteran's military service. The Board also denied an increased rating for painful malunion of the left clavicle, compensation under 38 U.S.C. § 1151 for obstructive sleep apnea (OSA), and a total disability rating based on individual unemployability due to service-connected disabilities.
- Dismissed
The Board dismissed the claims for service connection for bronchitis, COPD, asthma, compensation under 38 U.S.C. § 1151 for OSA, and an increased rating higher than 20 percent for painful malunion of the left clavicle.
- Dismissed
The veteran's appeal for service connection for bilateral hearing loss, asthma, and bronchitis was dismissed as the Board Appeal request was not timely filed.
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