The veteran's appeal is being remanded due to the need for compliance with VCAA notice and duty-to-assist provisions, as well as additional VA examination.
The deciding factor: The Board notes that the RO did not provide section 5103(a) notice relative to the initial claim for a higher rating for coronary artery disease or for the claim for a rating in excess of 30 percent for COPD. The VCAA requires proper action and issuance of a statement of the case if the disagreement is not resolved.
- Claimed conditions
- coronary artery disease, chronic obstructive pulmonary disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2005
- Citation
- 0508829
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 0508829.
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 the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Veteran's claim for an increased rating for coronary artery disease is being remanded due to the inadequacy of a previous VA examination.
- Denied
The Board denied service connection for coronary artery disease, hypertension, and stroke as there was no evidence of herbicide agent exposure during service and the medical opinions were against a nexus to service.
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