The Board has remanded the claims for service connection due to a duty-to-assist error, requiring VA examinations and medical opinions regarding the Veteran's claimed conditions.
The deciding factor: VA failed to provide adequate VA examinations and medical opinions assessing the Veteran's claimed conditions, necessitating further review.
- Claimed conditions
- Seasonal allergies, Chronic hemorrhoids, COPD (Chronic Obstructive Pulmonary Disease), Trochanteric bursitis and degenerative arthritis, left hip, Trochanteric bursitis and degenerative arthritis, right hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2023
- Citation
- A23030422
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 A23030422.
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 Board denied the appeal because the Appellant did not file a timely substantive appeal after receiving the SOC, and there was no evidence of circumstances warranting equitable tolling.
- Denied
The Board denied the Veteran's claim for an increased disability rating in excess of 10 percent for his service-connected bilateral pleural scar with obstructive and restrictive pulmonary disease, COPD and chronic bronchitis.
- Denied
The Board denied service connection for chronic bronchitis, COPD, and emphysema but granted a 10 percent rating for hypertension.
- Remanded (sent back)
The Board remands the claims for service connection and an increased rating for the Veteran's respiratory conditions, including chronic sinusitis, chronic bronchitis, COPD, shortness of breath, and allergic rhinitis, to correct pre-decisional duty to assist errors.
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.