The Board has remanded the cases for further development and examination, including a new VA pulmonary examination to assess the Veteran's lung cancer residuals and any related disabilities. The issues of service connection for a pulmonary disability (including bronchitis and shortness of breath) and entitlement to TDIU are also inextricably intertwined with the reduction rating issue.
The deciding factor: The Board found that further development is necessary, including obtaining VA treatment records and scheduling a new VA examination. The issues of service connection for a pulmonary disability (including bronchitis and shortness of breath) and entitlement to TDIU are inextricably intertwined with the reduction rating issue.
- Claimed conditions
- thoracotomy scar, scar with underlying soft tissue damage, post-status thoracotomy, pulmonary disability (including bronchitis and shortness of breath)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 3, 2020
- Citation
- 20023114
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 20023114.
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.
- Denied
The Board found that the Veteran's symptoms did not meet the criteria for a disability rating in excess of 10 percent for his left bronchogenic cyst, status-post thoracotomy, with scar. The evidence showed no limitation of function or restrictive lung disease.
- Denied
The Board denied the veteran's claim for an earlier effective date of June 23, 2003 for his TDIU rating based on service-connected disabilities.
- Granted
The veteran is granted earlier effective dates of October 26, 1984 for the award of a 60 percent rating for service-connected pulmonary tuberculosis with chronic obstructive pulmonary disease and for service connection for a thoracotomy scar.
- Denied
The Board denied all claims for increased ratings or service connection. The veteran's malaria claim was previously denied in 2003 but remanded by the Court. The remaining claims were evaluated based on the evidence provided and found to not meet the criteria for the requested increased ratings or service connection.
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