The Board remands the case for an examination to determine if any current lung disorder, including bronchitis and pneumonia, is related to the Veteran's military service.
The deciding factor: The examination in November 2005 did not address the question of a nexus between currently diagnosed bronchitis and the Veteran's active service many years earlier. The Court has held that a remand by the Board confers on the Veteran, as a matter of law, the right to compliance with remand orders.
- Claimed conditions
- chronic lung disorder, bronchitis, pneumonia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 6, 2009
- Citation
- 0908461
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 denied service connection for pneumonia and remanded the claims for iodine allergy, pilonidal cyst, sulfa allergy, heart disability, acquired psychiatric disorder, and lower and upper extremity disabilities.
- Denied
The Board denied service connection for bronchitis, COPD, asthma, and plantar fasciitis as not being related to the Veteran's military service. The Board also denied an increased rating for painful malunion of the left clavicle, compensation under 38 U.S.C. § 1151 for obstructive sleep apnea (OSA), and a total disability rating based on individual unemployability due to service-connected disabilities.
- Remanded (sent back)
The Board remands the claim for service connection for the cause of the Veteran's death due to an inadequate VA medical opinion and a need for additional evidence.
- Dismissed
The Board dismissed the claims for service connection for bronchitis, COPD, asthma, compensation under 38 U.S.C. § 1151 for OSA, and an increased rating higher than 20 percent for painful malunion of the left clavicle.
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