The veteran's claims for increased evaluations for his service-connected amebic lung abscess, amebic liver disease, and thoracotomy scar are being remanded due to inadequate VCAA notice and development.
The deciding factor: The RO did not provide appropriate VCAA notice and failed to address the issues of which evidence is needed from the veteran and what VA will obtain on his behalf. Additionally, the effective date for any increased evaluations must be determined based on new evidence or a change in law.
- Claimed conditions
- amebic lung abscess with decreased pulmonary function, amebic liver disease, thoracotomy scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 26, 2004
- Citation
- 0410768
Veterans Law Judge
Decisions by this judge: 1,599 · Granted: 37% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0410768.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the cases for further development and examination, including a new VA pulmonary examination to assess the Veteran's lung cancer residuals and any related disabilities. The issues of service connection for a pulmonary disability (including bronchitis and shortness of breath) and entitlement to TDIU are also inextricably intertwined with the reduction rating issue.
- Whole decision: Denied
The Board found that the Veteran's symptoms did not meet the criteria for a disability rating in excess of 10 percent for his left bronchogenic cyst, status-post thoracotomy, with scar. The evidence showed no limitation of function or restrictive lung disease.
- Whole decision: Denied
The Board denied the veteran's claim for an earlier effective date of June 23, 2003 for his TDIU rating based on service-connected disabilities.
- Whole decision: Granted
The veteran is granted earlier effective dates of October 26, 1984 for the award of a 60 percent rating for service-connected pulmonary tuberculosis with chronic obstructive pulmonary disease and for service connection for a thoracotomy scar.
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