The Veteran's respiratory disability, primarily bronchial asthma with sleep apnea, has not met the criteria for a higher evaluation than 30 percent prior to September 19, 2000 and 50 percent thereafter.,Service connection for TMJD is remanded as there was an improper reliance on a non-existent medical diagnosis in the previous examination.
The deciding factor: The Veteran's respiratory disability did not meet the criteria for higher evaluations under Diagnostic Codes 6602 and 6847, due to lack of specific findings such as FEV-1 less than 40 percent predicted or at least monthly visits to a physician.
- Claimed conditions
- Bronchial asthma with sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2018
- Citation
- 18157223
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 18157223.
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)
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- Denied
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- Denied
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- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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