The Board has remanded the case for additional development due to insufficient examination and incomplete medical records.
The deciding factor: A new VA examination is required as the January 2010 VA examiner did not provide sufficient detail about the Veteran's respiratory disorder, including its diagnosis and etiology.
- Claimed conditions
- respiratory disorder, claimed as shortness of breath
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 13, 2010
- Citation
- 1046562
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 1046562.
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.
- Remanded (sent back)
The Board remands the claim for service connection for a respiratory disorder, claimed as shortness of breath, to correct a pre-decisional duty to assist error.
- Denied
The Board denied service connection for all claimed conditions as the evidence did not support a finding that any of these disabilities were incurred in or aggravated by active military service.
- Remanded (sent back)
The Board remands the issues of service connection for a respiratory disorder and entitlement to TDIU prior to April 6, 2022, due to the need for additional development.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due 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.