The Board has remanded the case due to new evidence showing periods of active duty for training (ACDUTRA) that were previously not associated with the claims file. A VA examination is needed to determine if the Veteran's current respiratory disability is related to his service or a period of ACDUTRA.
The deciding factor: The Board found new DFAS records indicating the Veteran received pay for periods of active duty for training (ACDUTRA) which were not previously associated with the claims file, and thus remanded the case for further development including a VA examination to determine if the respiratory disability is related to service or ACDUTRA.
- Claimed conditions
- asthma, lung cancer, chronic obstructive pulmonary disease (COPD), tuberculosis (TB)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 14, 2022
- Citation
- 22068838
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 22068838.
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.
- Granted
The Veteran's claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
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