The Veteran's appeal is being remanded for further development, including providing the Veteran's representative with an opportunity to review the claims folders and complete VA Form 646 or equivalent. The case will also be recertified to the Board.
The deciding factor: The case was previously before the Board in June 2007 when it found that new and material evidence had been submitted to reopen a claim for service connection for a respiratory condition, and remanded the reopened claim and claim for increased rating for the left great toe disability for further development. The case has now returned to the Board.
- Claimed conditions
- respiratory condition, chronic obstructive pulmonary disease (COPD), asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 18, 2009
- Citation
- 0930958
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 0930958.
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 Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
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