The Board is remanding the case for additional development, including providing proper notice and readjudicating the claims to reopen service connection for lung or respiratory disorder and psychiatric disorder.
The deciding factor: The Veteran was not provided with adequate 38 U.S.C.A. § 5103(a) notice as interpreted by the Court in Kent v. Nicholson, which included informing him of the basis for previous denials of his claims.
- Claimed conditions
- lung or respiratory disorder, psychiatric disorder to include panic/anxiety disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2013
- Citation
- 1338237
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 1338237.
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.
- Partly granted
The Veteran's claim for service connection for a gastrointestinal disorder, including duodenal ulcers, has been reopened. The claim for service connection for a lung or respiratory disorder remains denied.
- Remanded (sent back)
The Board is remanding the case due to inadequate notice provided in previous denials of service connection for a psychiatric disorder and lung or respiratory disorder.
- Remanded (sent back)
The Veteran's claims to reopen his service connection claims for psychiatric disorder and duodenal ulcer have been remanded. The Board also requested additional medical examinations to determine the nature and etiology of any current disorders.
- Remanded (sent back)
The Board has remanded the case due to the need for additional development, including obtaining SSA records and providing proper notice regarding secondary service connection.
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