The veteran's claim for compensation under 38 U.S.C.A. § 1151 due to endoscopic procedures is being remanded for additional development, including possible examination.
The deciding factor: There are conflicting medical opinions regarding whether any current disability constitutes additional disability resulting from VA treatment.
- Claimed conditions
- chronic cough, hoarseness, sore throat, esophageal reflux, shortness of breath, neck and shoulder pain with numbness and weakness in the left hand, stomach injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 13, 2004
- Citation
- 0404269
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 0404269.
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 Board dismissed the claims for service connection for bilateral hearing loss, hypertension, and shortness of breath as untimely. The claim for a back disability was remanded for further development.
- Partly granted
The Board granted service connection for a chronic undiagnosed illness manifested by bilateral leg pain, bilateral hand tremors, sinus problems, shortness of breath and recurrent transient ear noise due to Gulf War service. Service connection was denied for CFS.
- Remanded (sent back)
The Board remands the claims for service connection for multiple conditions due to a need for additional development, including obtaining medical opinions considering all toxic exposure risk activities (TERAs) under the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxins Act of 2022.
- Partly granted
The Board granted service connection for right and left ankle disabilities, a skin rash, and denied service connection for bilateral hearing loss, shortness of breath, PTSD, OSA, cervical spine disability, lumbar spine disability, knee disabilities, CPS, and earlier effective dates.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.