The Veteran's spontaneous pneumothorax is not rated higher than noncompensable due to his lung function scores.,Service connection for an acquired psychiatric disorder, including ADHD, is remanded as the AOJ failed to obtain a medical opinion addressing all relevant theories of entitlement.
The deciding factor: The Veteran's spontaneous pneumothorax did not meet the criteria for a compensable rating based on lung function scores.,Service connection requires evidence that the condition had its onset in or is otherwise related to service. The AOJ failed to obtain an adequate examination and associated opinion addressing all relevant theories of entitlement.
- Claimed conditions
- Spontaneous pneumothorax, Acquired psychiatric disorder (including ADHD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2024
- Citation
- A24065737
Veterans Law Judge
Decisions by this judge: 352 · Granted: 37% (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 A24065737.
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.
- Remanded (sent back)
The Board has determined that the Veteran's spontaneous pneumothorax resolved does not meet the criteria for a compensable rating. The issues of increased ratings and TDIU have been remanded due to new evidence or change in disability status.
- Remanded (sent back)
The Board has decided to remand the case due to the need for a new VA examination to assess the severity of the Veteran's lung disability, including any additional symptoms such as chest pain with breathing and exertion.
- Remanded (sent back)
The Board has remanded the claims for right knee disability, right knee scars, and spontaneous pneumothorax due to incomplete development of the record.
- Remanded (sent back)
The Board has decided that the cause of the Veteran's death was not caused by service-connected conditions, but rather due to asbestos exposure before or following service. However, a remand is needed for clarification on whether the pre-existing condition (asbestos-related disease) aggravated during service.
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