The Veteran's appeal for service connection and evaluations related to his respiratory conditions, including histoplasmosis, pneumothorax, and scars from surgery, is being remanded due to procedural issues.
The deciding factor: Procedural errors led to the improper docketing of the Veteran's appeal under the Appeals Modernization Act (AMA) system. The Board has now accepted the February 2019 VA Form 10182 as a timely notice of disagreement and restored the appeal under the Legacy framework.
- Claimed conditions
- histoplasmosis, pneumothorax, status post right thoracotomy with emphysema and apical lung scarring bronchiectasis, scars, surgical, status post spontaneous pneumothorax with thoracotomy, chest, right side
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 4, 2023
- Citation
- 23013283
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 23013283.
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 histoplasmosis with emphysema is rated at a 30 percent rating, effective from the date of the decision.
- Dismissed
The Veteran's claims of service connection for histoplasmosis, PTSD and depressive disorder are dismissed.,Service connection is granted for tinnitus and erectile dysfunction as secondary to a service-connected psychiatric condition. Service connection is denied for the lumbar spine disorder and pes planus.
- Remanded (sent back)
The Board has remanded the Veteran's claims of service connection for histoplasmosis and flat feet / fallen arches due to insufficient evidence linking these conditions to his military service.
- Remanded (sent back)
The Board has remanded the case due to an inadequate examination for histoplasmosis of the lung, and a new examination is required.
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.