The appeal was remanded to provide the Veteran with proper VCAA notice regarding the specific bases for the denial of his claim and to allow for additional development.
The deciding factor: The case was remanded due to a need for corrective VCAA notice as per Kent v. Nicholson and Dingess v. Nicholson, and to ensure compliance with procedural requirements before readjudicating the claim.
- Claimed conditions
- right lung condition
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 13, 2009
- Citation
- 0905297
Veterans Law Judge
Decisions by this judge: 493 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
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 0905297.
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 has denied service connection for asthma and a right lung condition as the evidence does not show that these conditions were incurred or aggravated by military service.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection for bilateral lung conditions should be remanded due to the need for additional development and consideration of new evidence.
- Remanded (sent back)
The Board has decided to remand the cases for further development and examination due to the need for updated VA treatment records and a VA lung and heart examinations.
- Dismissed
The Board dismissed the appeals of service connection claims for various conditions as the Veteran withdrew his appeal prior to a decision being made.
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