The Board has remanded the case due to incomplete records and the need for additional development.
The deciding factor: The case was remanded because the RO failed to locate the veteran's original claims folder and did not obtain his Social Security Administration disability benefits records.
- Claimed conditions
- obstructive airway disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 9, 2004
- Citation
- 0406243
Veterans Law Judge
Decisions by this judge: 1,514 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0406243.
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
Your initial claim for a compensable disability rating for obstructive airway disease has been granted, and you are now receiving the maximum disability rating of 100 percent since January 12, 2018. The appeal is dismissed as moot because your condition has already been fully addressed.
- Denied
The Veteran's appeal for a compensable rating for left ear hearing loss and TDIU was denied. The Board found that the evidence did not substantiate a reasonable possibility of unemployability due to service-connected disabilities, and that there is no sufficient evidence to support an extraschedular TDIU consideration.
- Denied
The Veteran's claims for financial assistance in acquiring specially adapted housing and a special home adaptation grant were denied due to her failure to report for the scheduled examinations without good cause.
- Remanded (sent back)
The Board has determined that there is not substantial compliance with the November 2016 Board remand regarding service connection for COPD. Therefore, another remand is required to obtain VA treatment records and Social Security Administration records, provide a respiratory condition examination, and schedule a hearing loss examination.
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