The Veteran's claim for service connection for asthma is being remanded due to a failure to obtain VA treatment records and verify the type of service during his Air National Guard period.
The deciding factor: There was a pre-decisional duty to assist error in not attempting to verify the type of service the Veteran had when he was treated for asthmatic bronchitis during his service in the Air National Guard, and obtaining VA treatment records from identified facilities is necessary.
- Claimed conditions
- asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2023
- Citation
- A23032024
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 A23032024.
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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