The Board has remanded the Veteran's claim for service connection for a respiratory disorder, including an undiagnosed respiratory disorder and asthma due to exposure to burn pits in Iraq. The case is sent back for further development, including obtaining VA treatment records and scheduling a VA examination.
The deciding factor: The Board found that the Veteran has an undiagnosed respiratory disorder based on his active service in the Southwest Asia theater of operations during the Persian Gulf War and current outstanding VA treatment records documenting such. The case is sent back for further development, including obtaining VA treatment records and scheduling a VA examination.
- Claimed conditions
- respiratory disorder, undiagnosed respiratory disorder, asthma
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- June 18, 2019
- Citation
- 19146837
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.
- Granted
The Veteran was granted a 70 percent disability rating for unspecified trauma and stressor-related disorder with major depressive disorder, recurrent, and alcohol use disorder in early remission, as well as TDIU due to asthma and SMC at the housebound rate.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
- Denied
The Board denied the Veteran's request for an earlier effective date for service connection for asthma, as he did not file a claim or intent to file a claim within one year of his separation from service.
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