The Veteran's respiratory and skin disabilities are remanded due to duty-to-assist errors, including the need for VA examinations and obtaining private treatment records.
The deciding factor: Duty-to-assist errors occurred prior to the September 2018 decision on appeal, necessitating further action by VA.
- Claimed conditions
- respiratory disability, skin cancer
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 7, 2022
- Citation
- A22024715
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 A22024715.
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.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Veteran's service connection claims for skin cancer and gastroesophageal reflux disease (GERD) have been denied as there is no current diagnosis of these conditions, and the evidence does not support a causal relationship to active military service.
- Denied
The Veteran's appeal for special monthly compensation and service connection was denied due to a late filing of the Board Appeal request.
- Denied
The Board denied the Veteran's claims for service connection for a right knee disability, restless leg syndrome, and respiratory disability due to lack of evidence showing in-service incurrence or aggravation of these conditions.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.