The Board has decided to remand the case due to inadequate examination and incomplete records, particularly regarding service in Southwest Asia. The Veteran's respiratory disorder is presumed based on his service in the Persian Gulf War.
The deciding factor: The VA examiner did not adequately address the Veteran’s symptoms or provide a clear etiology for any diagnosed condition.
- Claimed conditions
- Respiratory Disorder
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- January 3, 2019
- Citation
- 19100137
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 Board denied initial ratings in excess of the assigned percentages for OSA, hypertension, allergic rhinitis, and irritable colon syndrome. Service connection was also denied for chronic fatigue syndrome and a respiratory disorder.
- Partly granted
The veteran's claim for service connection for a traumatic brain injury (TBI) was granted. The claims for respiratory disorder and an earlier effective date for allergic rhinitis were remanded.
- Denied
The Board denied service connection for an acquired psychiatric disorder, to include PTSD, depressive disorder, and schizophrenia, as well as an ulcer disorder with gastritis. The respiratory disorder claim was remanded.
- Partly granted
The Veteran's PTSD has been granted a 70 percent disability rating, and the effective date for service connection remains June 29, 2017. Other claims for service connection have been denied.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.