The veteran's claims for service connection for lung and back disorders are being remanded due to missing service medical records, the need to reconstruct these records, and the need to obtain Social Security Administration disability benefits records.
The deciding factor: Missing service medical records prevent a determination on the merits of the veteran's claims.
- Claimed conditions
- lung disorder, back disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 13, 2004
- Citation
- 0404260
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 0404260.
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.
- Dismissed
The veteran withdrew the appeal for all service connection and rating issues, and the Board has no jurisdiction to review these matters.
- Denied
The Board denied the Veteran's petition to reopen claims for service connection for a back disorder and tinnitus, as new and material evidence was not submitted.
- Dismissed
The appeal was dismissed due to a claims processing error, as there was no adjudicative determination from which the Veteran could file a notice of disagreement.
- Partly granted
The Board denied service connection for pes planus (flat feet) and remanded several other issues, including service connection for various disorders and increased ratings for the right knee. The Board granted a 20 percent rating for right knee instability.
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