The Veteran's claim for service connection for a respiratory condition was denied in July 1997. The Board has not received new and material evidence to reopen this claim. The Veteran's acquired schizoaffective disorder is granted as etiologically related to his active service. The right breast scar issue remains pending, with the need for additional development including a VA examination. The TDIU issue is also pending and will be addressed after necessary development of the increased rating claim.
The deciding factor: The Veteran's respiratory condition and schizoaffective disorder claims have not been reopened due to lack of new and material evidence. The right breast scar issue requires additional medical evaluation, while the TDIU claim remains pending as it is inextricably intertwined with the increased rating claim for the right breast scar.
- Claimed conditions
- respiratory condition, schizoaffective disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2019
- Citation
- 19175332
Veterans Law Judge
Decisions by this judge: 1,614 · Granted: 35% (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 19175332.
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.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Remanded (sent back)
The Veteran's service connection claim for an acquired psychiatric disorder, including PTSD, schizoaffective disorder, and neurocognitive disorder is remanded due to a failure to provide a VA examination addressing whether the pre-existing psychiatric disorder was aggravated during service.
- Remanded (sent back)
The Veteran's respiratory condition, including COPD, is remanded due to errors in obtaining SSA records and an inadequate TERA memo. The Board finds the AOJ erred by not attempting to obtain relevant SSA records and by relying on an incomplete TERA memo.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection for anxiety, depression, brittleness of teeth, chronic headaches, joint pain, and a respiratory condition are remanded due to the need for additional medical opinions.
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