The appeal was remanded to obtain a thorough and contemporaneous medical examination, taking into account the veteran's prior medical history, to determine the relationship between his service-connected duodenal ulcer and respiratory disability.
The deciding factor: The January 2004 VA medical opinion relied upon by the Board was found inadequate due to its failure to address the veteran's prior medical history adequately. The Court directed that a new examination be provided for this purpose.
- Claimed conditions
- Respiratory disability, to include chronic obstructive pulmonary disease (COPD)/emphysema, Duodenal ulcer
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 3, 2008
- Citation
- 0811052
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 appeals for service connection and TDIU were dismissed due to the Veteran's death during the pendency of the appeal.
- Denied
The Board denied entitlement to a finding of total disability due to individual unemployability (TDIU) based on the Veteran's service-connected conditions prior to July 8, 2021.
- Partly granted
The appeal was withdrawn and dismissed for hearing loss, a headache disability, joint pain, memory loss, and fatigue. Tinnitus was granted due to service connection. Other issues were remanded.
- Denied
The Board denied the veteran's claims for a higher disability rating and TDIU, as his duodenal ulcer symptoms were no more than mild in severity throughout the period on appeal.
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