The case is being remanded for compliance with prior instructions and to ensure proper development of the Veteran's claims.
The deciding factor: The previous instructions were not fully completed, including obtaining a medical opinion from Dr. Ouser regarding the relationship between the Veteran's claimed back disability and his military service, and ensuring that the most recent supplemental statement of the case was mailed to the Veteran's current address of record.
- Claimed conditions
- back disability, bronchial asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2010
- Citation
- 1001716
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 1001716.
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 remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Denied
The Board denied service connection for right ankle, left ankle, back disability, and other conditions as there is no evidence of a current disability related to the Veteran's military service.
- Dismissed
The Board dismissed the claims for service connection for bronchial asthma, bilateral knee strain, and lumbosacral strain due to a procedural defect in docketing.
- Dismissed
The Board dismissed the claims for service connection for bilateral hearing loss, hypertension, and shortness of breath as untimely. The claim for a back disability was remanded for further development.
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