The Veteran's claim for increased ratings for his service-connected respiratory disorder with secondary obstructive sleep apnea is being remanded to the RO for additional development of the record, including obtaining VA outpatient treatment records and scheduling a new VA examination.
The deciding factor: The decision notes that the evidence of record indicates that the Veteran has been receiving ongoing VA outpatient treatment. The case is being remanded to allow for this information to be obtained and considered in the rating process.
- Claimed conditions
- respiratory disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 28, 2012
- Citation
- 1234040
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 1234040.
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 determined that the claims for service connection must be remanded due to inadequate examinations and opinions. The Veteran's skin disorder, respiratory disorder, Crohn's disease, eye disorder, and migraines are all being reviewed again with new medical evaluations.
- Remanded (sent back)
The Veteran's claim for service connection for a respiratory disorder, including COPD and emphysema, is being remanded due to the submission of new and relevant evidence. The Board finds that the evidence submitted tends to disprove a link between his current condition and active service.
- Dismissed
The appeal for a respiratory disorder is dismissed. Service connection for right hand palmar nodule and service connection for a right hand scar are granted, but the issue of service connection for a right hand disorder other than service-connected right hand palmar nodule is remanded.
- Dismissed
The Board has dismissed all issues of service connection due to the Veteran's withdrawal of his appeal.
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