The Board has remanded the case due to a pre-decisional duty to assist error, requiring the RO to obtain a new VA opinion on the nature and etiology of the Veteran's respiratory illness(es).
The deciding factor: There was an inadequate June 2021 VA examination that did not consider the Veteran's lay statements or the articles submitted by him.
- Claimed conditions
- respiratory illness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 17, 2024
- Citation
- A24066754
Veterans Law Judge
Decisions by this judge: 910 · Granted: 31% (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 A24066754.
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
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board granted service connection for a respiratory illness and fatigue, both considered undiagnosed illnesses related to the Veteran's Persian Gulf War service. Sleep apnea was remanded for further consideration.
- Whole decision: Denied
The Board denied the Veteran's request for an earlier effective date of November 13, 2020, for his grant of TDIU. The Board found that the proper effective date was August 20, 2021, based on the date of receipt of the claim.
- Whole decision: Remanded (sent back)
The Board has reopened the previously denied claims of service connection for breathing, respiratory illness, headaches, nausea, and CFS. The claims are now remanded to determine if these conditions are related to exposure to environmental contaminants associated with Southwest Asia service.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to lack of substantial compliance with previous remand directives, specifically regarding a VA examination for the Veteran's respiratory illness allegedly related to Camp Lejeune exposure.
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