The Veteran's asthma and right shoulder disability have been rated, but the issues of a rating in excess of 30 percent for his right shoulder disability from February 23, 2015, entitlement to TDIU prior to that date, and entitlement to SMC under 38 U.S.C. § 1114(s) remain on appeal.
The deciding factor: The Veteran's service-connected disabilities have rendered him unable to secure or follow a substantially gainful occupation from the date of his claim for increase in June 2013, and he has been awarded a TDIU based on his asthma. However, additional evidence may be needed regarding his right shoulder disability which could affect his eligibility for SMC under 38 U.S.C. § 1114.
- Claimed conditions
- asthma, labral tear of the right shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 21, 2023
- Citation
- 23023422
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 23023422.
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 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.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
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