The Veteran's TDIU claim is remanded due to inadequate medical evidence and outstanding VA treatment records. The Board requires new examinations to assess the impact of his service-connected conditions on his ability to work.
The deciding factor: The decision was not about service connection but rather the determination of whether the Veteran could secure or follow a substantially gainful occupation due to his service-connected disabilities.
- Claimed conditions
- panic disorder with generalized anxiety, asthma, gastroesophageal reflux disease (GERD), bilateral upper extremity radiculopathy, bilateral lower extremity radiculopathy, low back strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 27, 2020
- Citation
- 20069302
Veterans Law Judge
Decisions by this judge: 1,902 · Granted: 11% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 20069302.
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.
- Dismissed
The Veteran withdrew all his appeals, including the one for an increased rating for low back strain.
- Denied
The Board denied service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
- 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.
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