The Board has remanded the case due to a failure to provide proper VCAA notice.
The deciding factor: The VA Office of General Counsel filed a Motion for Remand and to Stay Further Proceedings, citing lack of compliance with the Veterans Claims Assistance Act of 2000 (VCAA).
- Claimed conditions
- chronic lung disability, pulmonary emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2004
- Citation
- 0404479
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 0404479.
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 chronic sinusitis and remanded the claims for COPD, pulmonary emphysema, GERD, hypertension, and hypertensive CKD due to inadequate VA examinations.
- Partly granted
The Board granted the Veteran's applications to reopen claims for service connection for mononucleosis, pulmonary emphysema, and severe tooth loss. The claim for TDIU was denied as moot due to a combined 100% rating.
- Denied
The Board denied service connection for pulmonary emphysema, gastroparesis, and granulomatous hepatitis due to a lack of evidence linking these conditions to the Veteran's military service or toxic exposure. The claim for left ventricular systolic dysfunction was remanded.
- Remanded (sent back)
The Board remands the claims for service connection due to a duty to assist error, requiring adequate medical nexus opinions.
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