The Veteran's appeal is being remanded due to procedural defects and the need for additional development of his claims, including obtaining medical records and scheduling examinations.
The deciding factor: Procedural errors were identified in the previous decision, necessitating a return to the RO/AMC for further action.
- Claimed conditions
- restrictive lung disease, multiple sclerosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2009
- Citation
- 0938165
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 0938165.
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 denied service connection for contact dermatitis, multiple sclerosis, and eye disorder due to lack of current diagnoses. The claims are remanded as there were pre-decisional duty-to-assist errors in the original decision.
- Remanded (sent back)
The Veteran's claim for specially adapted housing is remanded due to a lack of a VA examination, which was a pre-decisional duty to assist error. The Board must now schedule the Veteran for an examination to determine if his service-connected asthma with restrictive lung disease and chronic hypoxic respiratory failure qualifies him for specially adapted housing.
- Dismissed
The appeal for a total disability rating based on individual unemployability (TDIU) is dismissed as moot because the Veteran's service-connected disabilities resulted in a combined schedular evaluation of at least 70% prior to October 15, 2024, and he was able to maintain employment despite his conditions.
- Remanded (sent back)
The Board has determined that the Veteran's cause of death was not related to his service-connected disabilities and thus denied DIC benefits. The claim for service connection for the cause of the Veteran's death is remanded due to a lack of a medical opinion regarding the etiology.
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