The Veteran's claims for service connection for COPD and a sinus disorder are being remanded due to the unavailability of his service medical records. The VA is required to search for alternative sources of evidence, including from alternate healthcare providers or private medical records.
The deciding factor: Service treatment records are unavailable through no fault of the Veteran's, necessitating an examination and additional development of the claim.
- Claimed conditions
- respiratory disorder, sinus disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 29, 2009
- Citation
- 0920070
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 0920070.
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.
- Remanded (sent back)
The Board has determined that the claims for service connection must be remanded due to inadequate examinations and opinions. The Veteran's skin disorder, respiratory disorder, Crohn's disease, eye disorder, and migraines are all being reviewed again with new medical evaluations.
- Dismissed
The Board dismissed the claim for service connection for brain disease due to trauma as it was untimely filed. The Board granted service connection for chronic sinusitis.
- Remanded (sent back)
The Veteran's claim for service connection for a respiratory disorder, including COPD and emphysema, is being remanded due to the submission of new and relevant evidence. The Board finds that the evidence submitted tends to disprove a link between his current condition and active service.
- Dismissed
The appeal for a respiratory disorder is dismissed. Service connection for right hand palmar nodule and service connection for a right hand scar are granted, but the issue of service connection for a right hand disorder other than service-connected right hand palmar nodule is remanded.
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