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
- Not verified here — check the original decision
- Decision date
- February 13, 2009
- Citation
- 0905297
Veterans Law Judge
Decisions by this judge: 493 · Granted: 28% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0905297.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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