The Board has remanded the claims of service connection for a respiratory disorder and nasal polyps due to inadequate opinions in previous VA examinations. The Veteran's COPD, sinusitis, rhinitis, obstructive airway disease, nasal polyps, and small airway disease are being evaluated further.
The deciding factor: The Board found that the previous VA examiners did not provide adequate rationale for their opinions regarding the etiology of the respiratory conditions and nasal polyps.
- Claimed conditions
- COPD, sinusitis, rhinitis, obstructive airway disease, nasal polyps, small airway disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 9, 2021
- Citation
- 21013261
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 21013261.
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 denied the Veteran's claim for service connection for COPD, finding that there is no evidence of a nexus between his current respiratory disability and active duty service. The VA examiner concluded that the COPD was more likely due to tobacco use rather than asbestos exposure in service.
- Denied
The Veteran's rhinitis and gastric ulcer with hiatal hernia were evaluated, but the Board found that neither condition warranted a higher rating.,For rhinitis, the evidence did not show greater than 50 percent obstruction of both nasal passages or complete obstruction on one side. For gastric ulcer with hiatal hernia, symptoms were described as infrequent and mild.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
- Remanded (sent back)
The Veteran's initial claim for an increased rating for sinusitis is being remanded due to a failure by the AOJ to provide proper notice of his right to a hearing.
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