The Board has ordered additional development due to incomplete medical opinions and the need for further records. The Veteran's claim of service connection for a respiratory disorder, including OSA, is being remanded.
The deciding factor: Incomplete medical opinions and the need for further records require additional examination and opinion regarding the etiology of the Veteran's respiratory disorders.
- Claimed conditions
- chronic cough with rhinitis, OSA (obstructive sleep apnea), restrictive lung disease
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 13, 2013
- Citation
- 1305358
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 1305358.
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
The Veteran's claims for earlier effective dates for service connection are dismissed. The Board also denied increased ratings for bilateral hearing loss and tinnitus.
- Remanded (sent back)
The Veteran's claim for specially adapted housing is remanded due to a lack of a VA examination, which was a pre-decisional duty to assist error. The Board must now schedule the Veteran for an examination to determine if his service-connected asthma with restrictive lung disease and chronic hypoxic respiratory failure qualifies him for specially adapted housing.
- Dismissed
The appeal for a total disability rating based on individual unemployability (TDIU) is dismissed as moot because the Veteran's service-connected disabilities resulted in a combined schedular evaluation of at least 70% prior to October 15, 2024, and he was able to maintain employment despite his conditions.
- Remanded (sent back)
The Board has determined that the Veteran's cause of death was not related to his service-connected disabilities and thus denied DIC benefits. The claim for service connection for the cause of the Veteran's death is remanded due to a lack of a medical opinion regarding the etiology.
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.