The Board has remanded the case to obtain additional medical records and determine if further attempts to locate these records would be futile. The Veteran's claim for service connection for pulmonary disability will be reconsidered based on de novo review.
The deciding factor: The Board found that the originating agency did not carry out the instructions of a previous remand, specifically regarding obtaining Fort McPherson medical records from 1971 to 1989 and determining if further attempts would be futile.
- Claimed conditions
- pulmonary disability, histoplasmosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2010
- Citation
- 1014425
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 1014425.
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.
- Granted
The Board has determined that the Veteran's pulmonary disability, including asthma and COPD, is causally related to his toxic exposure risk activity during service. The decision grants service connection for these conditions.
- Denied
The Board denied service connection for prostatitis, HIV, CHF, GERD, herpes, a pulmonary disability, headaches, and type 2 diabetes mellitus as the evidence did not support a finding of a current disability or a nexus to service or a service-connected disability.
- Remanded (sent back)
The case is remanded to determine whether special monthly compensation under 38 U.S.C. 1114(s) and 38 CFR 3.350(i) was in effect from July 19, 2023, to May 31, 2024.
- Remanded (sent back)
The Board remands the claims for further development, including obtaining medical opinions to address the nature and etiology of the claimed conditions and their relationship to service-connected disabilities.
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