The Board has remanded the Veteran's claims for service connection for a cervical spine disability, COPD, and PTSD with depressive disorder NOS due to lack of proper appeal action on these issues. The TDIU claim is also being remanded.
The deciding factor: The Veteran did not properly perfect his appeals for some of the issues listed in his February 2014 VA Form 9, leading to a lack of jurisdiction over those claims.
- Claimed conditions
- Cervical spine disability, Chronic obstructive pulmonary disease (COPD), Posttraumatic stress disorder (PTSD) with depressive disorder NOS
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2019
- Citation
- 19102475
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 Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Denied
The appeal for service connection for PTSD was dismissed, and the claims for a compensable rating for the lower back scar, service connection for COPD, and peripheral artery disease were denied.
- Denied
The Board denied the veteran's claims for service connection for PTSD, COPD, a gastrointestinal disability, and migraines due to lack of evidence supporting a link between these conditions and her military service.
- Denied
The Board denied service connection for low back disability, cervical spine disability, and right leg nerve disability as the evidence did not support a causal relationship between these conditions and the Veteran's active service.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.