The Board has determined that there was not substantial compliance with its remand instructions and thus the case must be returned to the RO for further development, including obtaining a VA medical opinion regarding the nature and etiology of the Veteran's chronic respiratory disorder.
The deciding factor: The VA opinions obtained on remand were inadequate as they did not substantially comply with the September 2023 remand directives.
- Claimed conditions
- chronic cough, esophageal dysmotility, pulmonary nodule
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating
- Not verified here — check the original decision
- Decision date
- November 15, 2024
- Citation
- 24033108
Veterans Law Judge
Decisions by this judge: 2,240 · Granted: 28% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 24033108.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for increased evaluations for PTSD and a chronic cough are being remanded due to an error in providing notice of the right to a hearing before the RO.
- Granted
The Veteran's claim for service connection for a chronic cough disability was granted with an effective date of January 1, 2002. This decision is based on the addition of relevant service department records that were not considered in prior decisions.
- Dismissed
The Veteran withdrew her appeal regarding service connection for bilateral hearing loss and chronic cough, thus the appeal is dismissed.
- Remanded (sent back)
The Veteran's claims for service connection for chronic cough, fatigue, chest pain, and dizzy spells are being remanded due to a duty to assist error. The Board finds that the Veteran should have been afforded an examination to determine if these conditions are related to his service-connected esophageal cancer.
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