The Board has remanded the Veteran's claims for service connection for a lumbar spine disability and respiratory disability due to inadequate duty to assist, including obtaining appropriate examinations. The Joint Motion requires that the Board remand the case for new examinations with due regard for service records reflecting conditions of the back and respiratory system. The Veteran is also required to provide additional evidence regarding his exposure to environmental toxins in service.
The deciding factor: The decision was inadequate in its reasons and bases because it failed to address the Veteran's contention that his respiratory disability, including asthma, was related to exposure to toxic fumes in service.
- Claimed conditions
- lumbar degenerative disc disease, asthma
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- October 30, 2019
- Citation
- 19182252
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 Veteran was granted a 70 percent disability rating for unspecified trauma and stressor-related disorder with major depressive disorder, recurrent, and alcohol use disorder in early remission, as well as TDIU due to asthma and SMC at the housebound rate.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
- Denied
The Board denied the Veteran's request for an earlier effective date for service connection for asthma, as he did not file a claim or intent to file a claim within one year of his separation from service.
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