The Board has determined that the veteran's claim of service connection for a respiratory disorder must be remanded to the RO due to the need for additional development and compliance with VCAA requirements.
The deciding factor: The decision was not about service connection but rather whether new and material evidence had been received to reopen an existing claim. The case is being returned to the RO for further action in light of VCAA requirements.
- Claimed conditions
- respiratory disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2004
- Citation
- 0407601
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 0407601.
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.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a pre-decisional duty to assist error.
- Dismissed
The appeal for service connection for sleep apnea was dismissed due to untimely filing of the notice of disagreement. The appeals for a respiratory disorder and increased evaluation for low back disability were remanded for further development.
- Remanded (sent back)
The Board remands the claims for service connection for a respiratory disorder, heart disorder, diabetes mellitus type II, and hypertension, as well as entitlement to a special monthly pension, due to insufficient evidence regarding in-service exposure to herbicide agents.
- Denied
The Board denied the Veteran's claim for service connection for tinnitus, finding that there was no evidence to support a link between his in-service noise exposure and current tinnitus. The claim for a respiratory disorder was remanded due to duty to assist errors.
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