The Board has remanded the case for further development and readjudication, including consideration of new evidence submitted by the appellant in January 2006. The issues on appeal include entitlement to restoration of a 100 percent evaluation for service-connected bronchial asthma, an increased disability rating for bronchial asthma, and TDIU.
The deciding factor: The Board found that the new evidence received in January 2006 was both new and material and must be considered as having been filed in connection with the claim which was pending at the beginning of the appeal period. The RO is directed to adjudicate these issues with consideration of this new evidence.
- Claimed conditions
- bronchial asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 26, 2011
- Citation
- 1120624
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 1120624.
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'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.
- Remanded (sent back)
The Board has decided that the Veteran's COPD is a separate and distinct condition from his service-connected bronchial asthma, but it is not secondary to or aggravated by his service-connected bronchial asthma. The Board finds an addendum VA medical opinion necessary to properly determine entitlement to service connection.
- Dismissed
The Veteran's claim for earlier effective dates for service connection and DEA benefits is dismissed as there are no controversies or issues before the Board.
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