The Board has remanded the Veteran's claims for service connection for a respiratory condition, including bronchitis and chronic cough, as well as his claim for service connection for a back condition. The VA is directed to obtain the Veteran's complete service treatment records and provide an addendum opinion regarding the etiology of these conditions.
The deciding factor: The Board found that the existing medical opinions were inadequate due to the absence of consideration of relevant evidence, including articles supporting the Veteran's claims for exposure to burn pits and World Trade Center dust. The VA is directed to obtain the complete service treatment records and provide an addendum opinion addressing these issues.
- Claimed conditions
- Respiratory Condition, Back Condition
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- September 28, 2022
- Citation
- 22055411
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 22055411.
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 August 1996 rating decision denied service connection for a back condition due to the claim being considered not well-grounded, as there was no current disability and no evidence of in-service injury or disease.
- Remanded (sent back)
The Board has found a pre-decisional duty-to-assist error in the VA examination for service connection of the back condition and requires an addendum opinion to address whether it is at least as likely as not that the Veteran's back disability began in service or was caused by any incident of service.
- Granted
The Board has granted effective dates of August 12, 2024 for the awards of a 50% rating for sinusitis and a 40% rating for intervertebral disc syndrome of the lumbar spine. Service connection for left and right lower extremity radiculopathy of the sciatic nerve was also granted effective on that date.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for obstructive sleep apnea and a respiratory condition due to inadequate VA opinions regarding the etiology of his conditions, specifically whether they were caused or aggravated by service-connected disabilities. The Veteran will be provided with another VA examination to address these issues.
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