The Board has remanded the case due to the Veteran's failure to attend his scheduled hearing, and he is now required to be rescheduled for a videoconference hearing.
The deciding factor: The Veteran failed to report for his previously scheduled hearing and requested a rescheduling due to an asthma attack. The Board granted this request and ordered the case back to the RO for scheduling of a new hearing.
- Claimed conditions
- chronic asthma
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 18, 2010
- Citation
- 1022638
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 1022638.
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 earlier effective dates for increased ratings of 30 percent for chronic asthma, 40 percent for early osteoarthritic change of the lumbosacral spine at L3-4 (lower back), and 20 percent for right and left lower extremity radiculopathy, as there was no evidence showing that the criteria for these ratings were met prior to April 24, 2024.
- Partly granted
The Board denied service connection for chronic asthma and LLE femoral nerve condition, granted a separate rating for RLE radiculopathy, sciatic nerve, and denied a compensable rating for sinusitis.
- Dismissed
The appeal for service connection for chronic asthma, chronic fatigue, and chronic rhinitis was dismissed because the veteran withdrew their appeal.
- Granted
The Veteran's service-connected disabilities render him unable to secure and follow substantially gainful employment, thus entitling him to total disability based upon individual unemployability (TDIU).
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