The appeal is remanded for the agency of original jurisdiction to obtain an adequate medical opinion regarding the Veteran's respiratory disability, specifically addressing his reported in-service hospitalization.
The deciding factor: The Board found that the previous medical opinions were inadequate and ordered a new opinion to address the Veteran's reported in-service hospitalization without presumptions about the contents of destroyed service treatment records.
- Claimed conditions
- Respiratory disability (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 31, 2024
- Citation
- 24004911
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 Board denied the Veteran's claim for service connection for a respiratory disability, including bronchitis and COPD, as there was no evidence of an in-service injury or disease that led to the current condition.
- Denied
The Board denied service connection for a respiratory disability, finding the evidence did not support a direct link between the Veteran's service and his current COPD.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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.