The Board has remanded the claims for service connection and TDIU due to incomplete examination reports. The Veteran's respiratory disability is being examined by a medical doctor who has not previously examined him, and his ability to secure or follow a substantially gainful occupation prior to March 1, 2016, is also being evaluated.
The deciding factor: The Board found that the previous examinations were conducted by non-medical professionals and did not comply with the remand instructions. Therefore, the claims are being returned for further examination and evaluation.
- Claimed conditions
- respiratory disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 17, 2023
- Citation
- 23045916
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 23045916.
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.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Board denied the Veteran's claims for service connection for a right knee disability, restless leg syndrome, and respiratory disability due to lack of evidence showing in-service incurrence or aggravation of these conditions.
- Dismissed
The Veteran withdrew his appeal regarding the claims for service connection for a skin condition, traumatic brain injury, a respiratory disability, bilateral shin splints, and bilateral flatfoot.
- Remanded (sent back)
The Board has remanded the claim of service connection for a respiratory disability, including emphysema and mucus with coughing due to an error in providing notice. The AOJ is instructed to provide the Veteran with notice of his right to a hearing.
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