The Veteran's appeal is being remanded for additional development, including scheduling a videoconference hearing before a Veterans Law Judge.
The deciding factor: The Veteran requested another hearing due to the absence of his current hearing officer and the need for full compliance with due process requirements.
- Claimed conditions
- bronchial spasm, reactive airway disease with allergic component
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 17, 2015
- Citation
- 1540067
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 1540067.
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 spasms and reactive airway disease with allergic component do not meet the criteria for a higher disability rating. The Board finds that his condition has improved, as evidenced by recent pulmonary function tests showing less bronchodilator reversibility but still within normal limits. For TDIU, while the Veteran's service-connected conditions prevent him from obtaining and maintaining substantially gainful employment in physical labor fields, he is capable of light duty or sedentary employment.
- Remanded (sent back)
The Veteran's appeal is being remanded due to the need for additional development, including obtaining medical records from Middlesex Hospital and Social Security Administration records. The case will be reviewed again after these records are obtained.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA respiratory examination. The issues of entitlement to a higher rating for bronchial spasm and reactive airway disease with allergic component, and TDIU are pending.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including obtaining medical records and clarifying the relationship between his service-connected conditions and any psychiatric disorder.
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