The Veteran's appeal is remanded for additional development, including obtaining records of North Carolina disability benefits and a VA pulmonary examination.
The deciding factor: The decision was not about service connection but rather the evaluation of the Veteran's conditions. The case needs to be remanded for further investigation into the Veteran's current level of functional impairment and disability severity.
- Claimed conditions
- low back strain, bronchial asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 3, 2010
- Citation
- 1016165
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 1016165.
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 Veteran's service-connected bronchial asthma does not preclude him from maintaining substantial gainful employment.
- Dismissed
The Veteran withdrew all his appeals, including the one for an increased rating for low back strain.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for service connection for athletes' foot, low back strain, and plantar fasciitis due to a lack of a VA examination prior to the August 2020 rating decision.
- Dismissed
The Veteran's appeal for an increased rating for obstructive sleep apnea and TDIU is dismissed as the issues are already pending in the legacy system, and docketing of the January 2022 NOD was erroneous.
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