The Board remands the claim for a medical opinion to clarify whether the veteran's pre-existing respiratory disorder was aggravated beyond its natural progression during his second period of active duty.
The deciding factor: The May 2008 VA examiner did not provide clear and unmistakable evidence that the preexisting respiratory disorder was not aggravated by service, necessitating an additional medical opinion.
- Claimed conditions
- Obstructive lung defect, Chronic cough
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2009
- Citation
- 0900834
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.
- Partly granted
The Board denied an initial rating in excess of 30 percent for service-connected other specified trauma and stressor-related disorder, denied an initial compensable rating for service-connected erectile dysfunction, and readjudicated the claims of entitlement to service connection for left and right hand numbness based on new evidence. The remaining claims were remanded.
- Partly granted
The Board denied an initial rating in excess of 10 percent for hypertension and remanded the issue of entitlement to an initial disability rating in excess of 60 percent for chronic cough manifested by shortness of breath/difficulty breathing. The appeal of the increased rating for bilateral hearing loss was dismissed.
- Partly granted
The Board granted service connection for GERD, a chronic cough, and diabetes mellitus type 2 (diabetes) but dismissed or remanded the other issues.
- Remanded (sent back)
The Board remands the claim for a medical opinion on whether plantar fasciitis was aggravated by active duty training.
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