The veteran's claims to reopen his service connection for respiratory and dental disorders are being remanded due to the need for compliance with the Veterans Claims Assistance Act of 2000 (VCAA).
The deciding factor: The VCAA requires VA to provide adequate notice regarding the information and evidence needed to substantiate the veteran's claims.
- Claimed conditions
- respiratory disorder, dental disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 26, 2004
- Citation
- 0410780
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 0410780.
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.
- Granted
The Board granted service connection for pancreatitis, GERD, and a dental disorder as secondary to the Veteran's throat cancer, but denied an initial compensable rating for throat cancer under DC 6819. The Board also granted a 20 percent rating for urinary frequency as a residual of prostate cancer.
- 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.
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