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 their etiology.
The deciding factor: The Veteran's asthma/pulmonary condition was denied on the merits in March 2009, but new service treatment records indicate no pre-existing asthma, requiring 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 their etiology.
- Claimed conditions
- {"condition_name":"Respiratory Disability to include Asthma"}, {"condition_name":"Left knee disability"}, {"condition_name":"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
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.
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- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
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