The Board has determined that the Veteran's NOD was not timely filed with respect to the April 2014 rating decision denying service connection for atelectasis. The appeal is remanded due to a need for issuance of a statement of the case regarding whether new and material evidence has been received in order to reopen the claim of entitlement to service connection for atelectasis.
The deciding factor: The NOD was not timely filed within one year from the date of the April 2014 rating decision, which is required by VA regulations.
- Claimed conditions
- atlectasis
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 3, 2024
- Citation
- 24000362
Veterans Law Judge
Decisions by this judge: 1,676 · Granted: 24% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24000362.
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.
- Dismissed
The Board has dismissed the Veteran's appeals for service connection due to lack of specificity in his appeal and because the benefits sought have already been granted.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for atelectasis, left shoulder impingement syndrome, and right shoulder condition due to incomplete examinations and lack of adequate rationale. The Veteran is a Persian Gulf War Veteran with presumptive exposure to burn pits.
- Remanded (sent back)
The Board has remanded the case due to insufficient opinions regarding the etiology and resolution of the Veteran's respiratory disabilities, as well as whether they are related to service-connected conditions or any exposure during Southwest Asia.
- Denied
The Board denied service connection for a lung disorder, finding that the preponderance of evidence does not support a link between the Veteran's current lung conditions and his in-service asbestos exposure. The VA examiners concluded that the pulmonary nodules, right lower-lobe scarring, atelectasis, and mild restrictive lung disease were not caused by asbestos exposure without any evidence of actual asbestosis.
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