The Veteran's asthma is granted service connection under the PACT Act, while other conditions are remanded for further examination and opinion.
The deciding factor: The decision grants service connection for asthma based on the PACT Act, which establishes asthma as a presumptive disease associated with exposure to burn pits and other toxins. Other issues remain pending due to lack of evidence or need for additional examinations.
- Claimed conditions
- asthma, gastroesophageal reflux disease (GERD), bilateral shoulder condition, bilateral ankle condition, bilateral knee condition, bilateral foot fungus, TBI with headaches, bilateral eye condition, hypertension
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- November 7, 2023
- Citation
- 23059969
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 23059969.
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 claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Remanded (sent back)
The Board has remanded the claims for service connection for hypertension and peripheral neuropathy of the bilateral upper and lower extremities due to insufficient medical opinions regarding their etiology.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
- Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
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