The Veteran's claim for an earlier effective date for the grant of service connection for COPD associated with his pulmonary tuberculosis is being remanded due to further development needed. The claims for increased ratings and TDIU are also being remanded.
The deciding factor: The initial claim for service connection for COPD was not filed within one year of separation from service, so an earlier effective date cannot be granted.
- Claimed conditions
- hiatal hernia, reflux esophagitis, sphincter narrowing/scarring, gastritis, ulcer disease, vestibular dysfunction, rhinitis, pulmonary tuberculosis, sinusitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- May 24, 2012
- Citation
- 1218545
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 1218545.
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 has remanded the case due to unclear evidence regarding the diagnosis of gastritis and its relation to service. The Veteran needs to provide records, and a VA examiner will review his medical history and determine if gastritis is related to his military service or any other conditions.
- Denied
The Veteran's rhinitis and gastric ulcer with hiatal hernia were evaluated, but the Board found that neither condition warranted a higher rating.,For rhinitis, the evidence did not show greater than 50 percent obstruction of both nasal passages or complete obstruction on one side. For gastric ulcer with hiatal hernia, symptoms were described as infrequent and mild.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
- Remanded (sent back)
The Veteran's initial claim for an increased rating for sinusitis is being remanded due to a failure by the AOJ to provide proper notice of his right to a hearing.
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