The Board remands the claims for service connection for a respiratory disability and leg disability, as new VA opinions are needed to address deficiencies in previous examinations.
The deciding factor: The previous VA examiner improperly disregarded the Veteran's lay statements regarding ongoing symptoms and did not sufficiently address causation or aggravation of the claimed conditions by the service-connected ankle disability.
- Claimed conditions
- respiratory disability, claimed as allergies and/or asthma, leg disability, to include as secondary to a service-connected ankle disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 12, 2022
- Citation
- 22001728
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 multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for complete loss of sense of smell, an acquired psychiatric disability, a low back disability, a respiratory disability, and tinnitus to schedule VA examinations.
- Partly granted
The Board granted service connection for allergic rhinitis and remanded the other claims for further development.
- Remanded (sent back)
The Board remands the claims for service connection for obstructive sleep apnea, hypertension, a heart disability, and a respiratory disability due to outstanding service treatment records and insufficient medical evidence.
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