The Board has remanded the case for additional development due to missing VA medical records and compliance with VCAA requirements.
The deciding factor: Additional evidence is needed, including VA treatment records from Bay Pines, Florida, and proper notification regarding all elements of a service connection claim as per Dingess/Hartman v. Nicholson.
- Claimed conditions
- respiratory disorder manifested by shortness of breath
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 10, 2006
- Citation
- 0613644
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 0613644.
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.
- Dismissed
The Board dismissed the appeal for service connection for a respiratory disorder manifested by shortness of breath based on new and relevant evidence, as there was no adjudicative decision from which to file a Notice of Disagreement.
- Remanded (sent back)
The Board remands the claims for service connection and a higher rating due to missing VA treatment records that are within its constructive possession.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for a respiratory disorder and an initial rating in excess of 10 percent for a thoracolumbar spine strain due to additional development being necessary.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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