The Veteran's respiratory condition (including pneumonia) is remanded for further development.,The Veteran's memory and comprehension difficulties, mental health issues, nightmares, vivid dreams, irritability, anger, anxiety, mood swings, low coping abilities, depression, conflicts, hypervigilance, time lapses, compulsive/impulsive habits, gastrointestinal symptoms, joint aches, muscle fatigue, gum condition, genital warts, and an ear, nose, and throat condition (including as due to an undiagnosed illness related to Gulf War service) are remanded for further development.,The Veteran's entitlement to TDIU is remanded.
The deciding factor: No VA examiner has confirmed the Veteran’s diagnosed respiratory conditions or adequately opined whether any such diagnosed condition is etiologically related to in-service pneumonia or secondary to his service-connected deviated septum. The most recent VA examination and medical opinion ruled out a current diagnosis of pneumonia and established that the Veteran has a lower airway obstructive condition, which could be asthma or COPD.,No VA examiner has offered an opinion addressing all of the Veteran’s reported symptomology. The most recent VA examination and medical opinion addressed the majority of these symptoms, either attributing them to specific service-connected diagnoses, etiologies other than active duty, or finding no evidence of the symptoms manifestation.,The issues are inextricably intertwined as a decision on the remanded issues could significantly impact a decision on the issue of entitlement to TDIU.
- Claimed conditions
- IBS, Respiratory condition (including pneumonia), Memory and comprehension difficulties, Mental health issues, Nightmares, vivid dreams, Irritability, anger, Anxiety, Mood swings, Low coping abilities, Depression, Conflicts, Hypervigilance, Time lapses, Compulsive/impulsive habits, Gastrointestinal symptoms, Joint aches, Muscle fatigue, Gum condition, Genital warts, Ear, nose and throat condition
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2019
- Citation
- 19175637
Veterans Law Judge
Decisions by this judge: 2,084 · Granted: 20% (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 19175637.
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
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