The Veteran's appeal is being remanded to determine if his restrictive lung disease is related to service, specifically exposure to chemicals and fumes from burning oil wells during his military service. The VA will obtain all relevant records and schedule the Veteran for a new examination.
The deciding factor: The VA needs to confirm the Veteran's exposure to hazardous substances during service before determining whether his current condition is related to that exposure.
- Claimed conditions
- restrictive lung disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 16, 2010
- Citation
- 1010009
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 1010009.
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 Board denied the Veteran's claim for an increased initial evaluation for obstructive sleep apnea, finding that a higher rating was not warranted.
- Remanded (sent back)
The Board remands the claim for an initial rating in excess of 10 percent for service-connected restrictive lung disease to correct a duty-to-assist error.
- Dismissed
The appeal for issues related to eczema, IBS, headaches, liver disability, enlarged prostate and urinary frequency, allergic rhinitis, and restrictive lung disease were dismissed. The claim for a rating in excess of 10 percent for allergic rhinitis was denied.
- Remanded (sent back)
The Board remands the claim for service connection for restrictive lung disease due to conflicting medical evidence and a need for additional testing.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.