The Board has remanded the case due to the veteran's failure to appear for a scheduled hearing, and it will be rescheduled at the next available opportunity.
The deciding factor: The veteran failed to appear for his scheduled hearing due to hospitalization, which is considered good cause.
- Claimed conditions
- chronic obstructive pulmonary disease, post-traumatic stress disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 23, 2006
- Citation
- 0608342
Veterans Law Judge
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 0608342.
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.
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The Board has denied the Veteran's claims of service connection for irritable bowel syndrome, sleep apnea, post-traumatic stress disorder, and urinary frequency as there is no competent evidence linking these conditions to his military service.
- Remanded (sent back)
The Veteran's claim for payment or reimbursement of non-VA medical services provided on September 2, 2020 was denied under 38 U.S.C. § 1725 and 38 U.S.C. § 1728 due to lack of evidence in the file. The Board finds that remand is warranted for correction of errors in notice.
- Denied
The Board denied the claim for TDIU prior to October 18, 2018 due to a lack of evidence showing that the Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation.
- Granted
The Veteran's emphysema, chronic obstructive pulmonary disease and other spontaneous pneumothorax status post thoracotomy is rated as 100% disabling since February 28, 2024. His major depressive disorder is separately rated at 70%. The Board finds that the Veteran meets the criteria for special monthly compensation under 38 U.S.C. § 1114(s) due to his service-connected disabilities.
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