The Veteran's diaphragm paralysis and nerve damage due to surgery are being remanded for further evaluation, including a new VA examination. The TDIU claim is also being remanded as it is inextricably intertwined with the rating assigned for his disability.
The deciding factor: The Board found that the previous examinations were inadequate and did not address all issues as directed by prior remand directives.
- Claimed conditions
- diaphragm paralysis, nerve damage due to surgery
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 8, 2020
- Citation
- 20077608
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. Read the original VA decision (opens in a new tab) using citation 20077608.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal was dismissed due to the death of the Appellant.
- Partly granted
The veteran's claim for service connection of congestive heart failure as secondary to hypertensive vascular disease was granted. The claims for chronic obstructive pulmonary disease, obstructive sleep apnea, and diaphragm paralysis were remanded.
- Remanded (sent back)
The Board has remanded the claim due to insufficient compliance with previous remands and new evidence regarding the Veteran's respiratory condition. The case must be returned for further development, including obtaining SSA records and providing an addendum medical opinion.
- Remanded (sent back)
The Board has determined that the Veteran's claims for higher ratings and TDIU are remanded due to pre-decisional duty to assist errors. Specifically, new examinations are needed to evaluate the severity of his diaphragm paralysis and disfigurement, and an opinion is required regarding the impact of his service-connected disabilities on employment.
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