The Board has remanded the case for further development and an addendum opinion to address whether the Veteran's bronchial asthma, bronchiectasis, and bilateral parenchymal disease are related to or aggravated by his service-connected recurrent pneumonia.
The deciding factor: The Court found that the Board did not clearly and unmistakably show that the Veteran’s pre-existing respiratory conditions were not aggravated during service. The examiner is asked to provide a clear and definitive opinion on whether there was aggravation of these conditions during service.
- Claimed conditions
- bronchial asthma, bronchiectasis, bilateral parenchymal disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 22, 2019
- Citation
- 19180144
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.
- Dismissed
The Board dismissed the claims for service connection for bronchial asthma, bilateral knee strain, and lumbosacral strain due to a procedural defect in docketing.
- Granted
The Board granted service connection for a lung disability, to include bronchiectasis, based on herbicide agent exposure due to the Veteran's service in Vietnam.
- Partly granted
The Board granted service connection for bronchial asthma, obstructive sleep apnea (OSA), and a heart disability associated with the appellant's service in the Southwest Asia theater of operations during the Persian Gulf War. The remaining claims were remanded to correct pre-decisional errors.
- Partly granted
The Board denied an increased rating for bipolar and related disorders, but remanded claims for service connection for hypertension, diabetes, diabetic peripheral neuropathy, and asthma.
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