The Board of Veterans' Appeals remands the claims for an evaluation in excess of 30 percent disabling for service-connected asthma, major depressive disorder (MDD), and a total disability rating based on individual unemployability due to service-connected disabilities.
The deciding factor: Remand is necessary to address deficiencies identified by the Court of Appeals for Veterans Claims regarding the adequacy of VA examinations and the consideration of evidence in the record.
- Claimed conditions
- Asthma, Major Depressive Disorder (MDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2021
- Citation
- 21062583
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 service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Remanded (sent back)
The Board remands the claim for an acquired psychiatric disorder, to include MDD, as secondary to service-connected disabilities due to a duty to assist error.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Granted
The Board granted a 30 percent disability rating for asthma from August 23, 2021 to May 14, 2022.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.