The Board has ordered further development due to the need for additional evidence and clarification. The case is now being remanded to the RO for specific actions, including obtaining medical records and arranging for a pulmonary examination.
The deciding factor: The decision is pending further development as requested by the court in DAV v. Secretary of Veterans Affairs.
- Claimed conditions
- Lung Disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- December 15, 2003
- Citation
- 0335114
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 0335114.
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.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Partly granted
The Board granted service connection for right lower extremity sciatica associated with the Veteran's service-connected lumbosacral spine strain, but remanded claims for service connection for gastroesophageal reflux disease (GERD) and sleep apnea.
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