The Board has decided to remand the case for additional development, including a search for a signed consent form related to the appellant's April 2006 surgery and an opinion regarding whether the appellant was informed of all foreseeable risks.
The deciding factor: The decision is based on the need for further development due to potential issues with informed consent and unforeseeable events.
- Claimed conditions
- paralyzed diaphragm, partial collapse of the lung
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 22, 2009
- Citation
- 0923414
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 0923414.
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.
- Granted
The Board granted service connection for paralyzed diaphragm, finding a direct relationship to the Veteran's military service.
- Remanded (sent back)
The Veteran's claims for sleep apnea, lung condition, and paralyzed diaphragm are being remanded due to the need for additional medical opinions.
- Dismissed
The Veteran's claim for a higher rating for asbestosis with paralyzed diaphragm is dismissed because the issue has been rendered moot by the grant of service connection and the assignment of a 100% disability rating.
- Remanded (sent back)
The Veteran's claims for sleep apnea, lung condition, and paralyzed diaphragm are being remanded due to the need for new medical opinions regarding their etiology.
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