The Board has determined that the Veteran's claim to reopen his service connection for chronic bronchitis should be remanded due to inadequate notice provided prior to August 29, 2001.
The deciding factor: The criteria for what constitutes new and material evidence applicable in this case were not addressed as it was filed before August 29, 2001. The Veteran needs to be informed of the appropriate criteria for what constitutes new and material evidence in his case and the evidence and information necessary to establish service connection.
- Claimed conditions
- chronic bronchitis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 10, 2009
- Citation
- 0942799
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. Search VA.gov for the original decision (opens in a new tab) using citation 0942799.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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 decided to remand the case due to a lack of adequate examination and opinion regarding the Veteran's claimed chronic bronchitis. The Veteran is seeking service connection for this condition, which was denied in an initial decision. The VA examiner did not address the medical record indicating a current diagnosis of chronic bronchitis.
- Dismissed
The Board has dismissed the appeals for service connection for depression, Gram Positive Cocci Condition, chronic bronchitis, irritable bowel syndrome, and diseases of Keratinization due to untimely filing of the Decision Review Request.
- Granted
The Board has granted service connection for chronic bronchitis, finding that the Veteran's current condition is related to his active duty service.
- Remanded (sent back)
The Board has denied service connection for chronic bronchitis and remanded the issue of service connection for obstructive sleep apnea due to duty-to-assist errors.
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