The Board has remanded the cases for a new VA medical opinion to clarify the Veteran's current respiratory diagnoses and determine if any pre-existing sinusitis, hay fever, or asthma were aggravated during service. The issues of TDIU prior to June 15, 2011 and SMP based on need for regular aid and attendance are also remanded as they are inextricably intertwined with the respiratory condition claim.
The deciding factor: The Board found the previous opinion inadequate because it did not use the correct evidentiary standard (clear and unmistakable evidence) when addressing whether pre-existing sinusitis, hay fever, or asthma were aggravated during service. The Board also noted that remand is required to obtain a new VA addendum opinion clarifying the Veteran's current respiratory diagnoses.
- Claimed conditions
- bronchitis, asthma, chronic obstructive pulmonary disorder, allergic rhinitis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2020
- Citation
- 20030227
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 20030227.
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 Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
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