The Board has determined that additional evidence is needed to fully and fairly consider the merits of the Veteran's claims for right elbow, lumbar spine, sinusitis, vertigo, and asthma disabilities. The claims are being remanded to allow for further development.,VA will obtain all updated VA treatment records and ensure that any Community Care program records are associated with the file.
The deciding factor: The Board found that the existing medical opinions were inadequate due to a lack of review of the Veteran's entire record, failure to address pertinent evidence, and insufficient etiological explanations. The claims for right elbow, lumbar spine, sinusitis, vertigo, and asthma are being remanded to allow for further examination and opinion.
- Claimed conditions
- Right Elbow Disability, Lumbar Spine Disability, Sinusitis, Vertigo, Asthma
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2023
- Citation
- 23067650
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 23067650.
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.
- Remanded (sent back)
The Board has remanded the claims of entitlement to service connection for vertigo and obstructive sleep apnea (OSA) due to a pre-decisional duty to assist error. The Veteran's hearing loss is not rated higher than 10 percent.
- Denied
The Veteran's asthma is currently rated as 10 percent disabling, and the Board finds that this rating adequately compensates his service-connected condition.
- Partly granted
The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sleep apnea claim has been remanded due to duty-to-assist errors.
- Granted
The Veteran's service-connected disabilities, including PTSD, asthma, and foot conditions, rendered him unable to secure or follow a substantially gainful occupation consistent with his education and work history throughout the appeal period.
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.