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 assigned
- None in this decision
- Decision date
- October 17, 2024
- Citation
- A24066754
Veterans Law Judge
Decisions by this judge: 910 · Granted: 31% (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 A24066754.
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.
- 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.
- 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.
- 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.
- 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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