The Board has remanded the case due to a lack of relevant private treatment records in the claims file, which may be necessary for proper adjudication.
The deciding factor: The AOJ failed to make reasonable efforts to locate and associate relevant private treatment records with the claims file prior to making its decision.
- Claimed conditions
- malignant neoplasm of the lung, chronic obstructive pulmonary disease (COPD), obstructive sleep apnea (OSA), atriial fibrillation (A.F.), coronary artery disease (CAD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2024
- Citation
- A24064103
Veterans Law Judge
Decisions by this judge: 785 · Granted: 27% (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 A24064103.
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 Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Veteran's claims for an earlier effective date for service connection and TDIU are remanded due to the need for additional medical opinions regarding the etiology of his coronary artery disease.
- Granted
The Veteran's OSA is granted as service connected. The Veteran's infectious disease claim and stomach disability claim are remanded for further examination.
- Granted
The Board has granted service connection for prostate cancer, coronary artery disease (CAD), diabetes mellitus type II (DM II), hypertension, and erectile dysfunction as secondary to service-connected DM II. The Veteran's exposure to Agent Orange during active service is presumed.
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