The Board remands the Veteran's claims to correct pre-decisional errors related to VCAA notice and duty to assist, requiring the AOJ to obtain relevant VA treatment records.
The deciding factor: Remand is necessary to ensure compliance with the December 2021 remand directives regarding VCAA notice and duty to assist errors.
- Claimed conditions
- Asthma, Left wrist scar, Irritable bowel syndrome (IBS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2024
- Citation
- A24062663
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 service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Partly granted
The Board denied increased ratings for bilateral hearing loss, right inguinal hernia, non allergic rhinitis, sinusitis, and irritable bowel syndrome (IBS), while granting service connection for left knee strain and left leg shin splints.
- Granted
The Board granted a 30 percent disability rating for asthma from August 23, 2021 to May 14, 2022.
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