The Veteran's claim for service connection for a right lobe condition, to include a pulmonary condition and collapsed lung is being remanded due to the need for proper VCAA notice.
The deciding factor: The RO's January 2008 decision was not yet final when additional evidence was received in October 2008. The Veteran has appealed this decision but did not receive proper VCAA notice as required by Kent v. Nicholson, 20 Vet. App. 1 (2006).
- Claimed conditions
- collapsed lung, pulmonary condition
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 15, 2011
- Citation
- 1122954
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 1122954.
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.
- Dismissed
Your appeals for service connection have been dismissed due to the Veteran's death. The Board cannot issue a decision on these claims as they are pending.
- Remanded (sent back)
The Board has remanded the claims for service connection for a back condition, pulmonary condition, and Parkinson's disease due to incomplete records. The Veteran is asked to provide authorization for VA to obtain his treatment records and an opinion from a clinician regarding the nature and etiology of each condition.
- Granted
The Board has granted the Veteran's claim for service connection for a respiratory condition, finding that his current diagnosis and asbestos exposure during service meet the criteria for service connection.
- Denied
The Board denied the Veteran's claims for service connection for a lung disability, to include a collapsed lung or residuals thereof, and shin disabilities due to insufficient evidence of an in-service injury or disease.
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