The appeal is remanded for further development, including a VA examination to determine the nature and etiology of any current foot and lung conditions.
The deciding factor: Further medical evidence is needed to establish a nexus between the Veteran's claimed conditions and his period of service due to missing service records and conflicting medical opinions.
- Claimed conditions
- Residuals of a cold injury to the feet, Bronchitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 17, 2009
- Citation
- 0909858
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.
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The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Granted
The Veteran was granted separate ratings of special monthly compensation (SMC) based on the need for aid and attendance, a higher rating under 38 U.S.C. § 1114(o), and a higher rating under 38 U.S.C. § 1114(r)(1).
- Partly granted
The Board denied service connection for sinusitis, bronchitis, liver abscess, abdominal aorta, left and right hamstring disabilities. The Board granted an increased disability rating of 40 percent for right upper extremity radiculopathy but denied all other claims.
- Denied
The Board denied an increased rating for a lumbar spine disability and dismissed the Veteran's appeals for increased ratings for bilateral pes planus, left thumb tremor, and bronchitis due to untimely filing of a notice of disagreement.
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