The Board has remanded the case due to issues related to service connection for asthma, allergic rhinitis, and migraine headaches. The AOJ is required to verify the Veteran's Reserve service including periods of ACDUTRA and INACDUTRA in 1998, 1999, and 2008, consider theories of service connection based on active duty, ACDUTRA, or INACDUTRA, obtain VA treatment records, and readjudicate the claims.
The deciding factor: The Board found that the Veteran's claim to reopen service connection for asthma is inextricably intertwined with a CUE claim. Additionally, the AOJ did not consider theories of service connection based on ACDUTRA or INACDUTRA service, nor have all pertinent evidence been obtained.
- Claimed conditions
- asthma, allergic rhinitis, migraine headaches
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 15, 2016
- Citation
- 1610225
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 1610225.
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 remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Board has remanded the cases for additional development due to incomplete medical records and insufficient opinions regarding the relationship between service, including a stick injury in England, and current left eye disability (including amblyopia and cataracts) as well as migraine headaches.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
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