The Veteran is seeking to have the reduction of his bronchial asthma rating and the denial of service connection for Meniere's syndrome in May 1955 overturned due to clear and unmistakable error. The Board has ordered further development to locate missing records from June 1955 to September 2009.
The deciding factor: The claims folder is incomplete, with significant gaps between the dates of interest, preventing a determination on the merits.
- Claimed conditions
- bronchial asthma, Meniere's syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 15, 2013
- Citation
- 1337314
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 1337314.
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 remanded the Veteran's claims for Meniere's syndrome, left shoulder disability, left knee disability, and left ankle disability due to a duty-to-assist error in failing to provide VA examinations. The Veteran is presumed to have incurred these disabilities during service.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error, as there is insufficient evidence to determine if the Veteran's inner ear symptoms are related to service or any other condition.
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