The Veteran's claims for service connection for residuals of a left eye injury and right ear injury have been dismissed due to the character of discharge from his period of active duty. The claim for low back condition is remanded, and the claim for respiratory condition, as due to asbestos exposure, requires additional development including obtaining military personnel records and scheduling an examination.,The Veteran's claims for service connection for a low back condition and respiratory condition, as due to asbestos exposure are both remanded.
The deciding factor: The character of discharge from the Veteran’s period of active duty is under other than honorable conditions, which bars him from establishing service connection for any disability related to that period. The claims for residuals of a left eye injury and right ear injury have been dismissed due to this bar.,The low back condition claim requires additional development including obtaining military personnel records and scheduling an examination.
- Claimed conditions
- {"condition_name":"residuals of a left eye injury"}, {"condition_name":"residuals of a right ear injury"}, {"condition_name":"low back condition"}, {"condition_name":"respiratory condition, as due to asbestos exposure"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2019
- Citation
- 19178335
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 Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted service connection for myasthenia gravis based on the Veteran's exposure to hazardous substances during his military service.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.