The Veteran's asthma/pulmonary condition was denied on the merits in March 2009. The RO did not consider new and material evidence, which is now required due to additional service treatment records indicating no pre-existing asthma. The Board has remanded for a de novo review of the claim involving asthma. Left knee and right ankle disabilities are also being remanded as VA examinations are needed to determine if these conditions are related to service.
The deciding factor: The Veteran's asthma/pulmonary condition was previously denied on the merits, but new evidence indicates no pre-existing condition existed at entry into service. The Board must now consider whether this new evidence is material and warrants a de novo review of the claim.
- Claimed conditions
- Respiratory Disability to include Asthma, Left Knee disability, Right Ankle disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2019
- Citation
- 19149344
Veterans Law Judge
Decisions by this judge: 2,604 · Granted: 65% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19149344.
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's claims for PTSD, Major Depression, and related disabilities are granted. The claims for CFS, fibromyalgia, and a skin disability are denied.
- Denied
The Board found that there is no evidence to support a direct service connection for the Veteran's right knee and ankle disabilities, nor can they be linked as secondary to his service-connected left knee osteoarthritis. The claims were therefore denied.
- Partly granted
The Board has reopened the claims for service connection for back, left knee, feet, and left ear disabilities but denied reopening of the claim for service connection for a left ear disability. The effective date for PTSD is set at September 29, 2003.
- Denied
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