The Board is remanding the case to obtain the Veteran's service treatment records and conduct a VA examination. The goal is to determine if the Veteran's current pulmonary disability preexisted service or is related to in-service treatment.
The deciding factor: The decision requires obtaining missing service treatment records and conducting an examination to assess whether the Veteran's current condition is related to his military service, specifically addressing any potential pre-existing condition issue.
- Claimed conditions
- pulmonary disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2010
- Citation
- 1038394
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 1038394.
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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.