The Board has remanded two issues: service connection for a respiratory disorder and residuals of a melanoma on the right side of the abdomen. The remand requires obtaining complete dates of active duty training (ACDUTRA) in the National Guard, obtaining VA opinions addressing the etiology of the Veteran's conditions, and providing an opinion regarding whether any current respiratory disability clearly and unmistakably existed prior to service entrance.
The deciding factor: The Board found that substantial compliance with the September 2018 remand instructions was not achieved due to incomplete information regarding the Veteran’s ACDUTRA service in the National Guard. The VA examiner's opinions were also deemed inadequate as they did not identify the respiratory disability that existed prior to service or provide evidence supporting such a finding.
- Claimed conditions
- respiratory disorder, asthma, tuberculosis, melanoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 31, 2020
- Citation
- 20057232
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 20057232.
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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