The Board remands the matter of entitlement to service connection for a respiratory disability due to several pre-decisional duty to assist omissions, including obtaining private treatment records and an adequate medical opinion.
The deciding factor: Remand is necessary to correct several pre-decisional duty to assist omissions, including obtaining private treatment records and an adequate medical opinion.
- Claimed conditions
- Respiratory disability
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- November 7, 2024
- Citation
- A24072823
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.
- Dismissed
The appeals for service connection and TDIU were dismissed due to the Veteran's death during the pendency of the appeal.
- Partly granted
The appeal was withdrawn and dismissed for hearing loss, a headache disability, joint pain, memory loss, and fatigue. Tinnitus was granted due to service connection. Other issues were remanded.
- Denied
The Board denied the veteran's claims for an increased rating for allergic rhinitis and service connection for right ear hearing loss, chronic fatigue syndrome, chronic sinusitis, dermatosis of the right arm and legs, irritable bowel syndrome (IBS), a respiratory disability, restless leg syndrome on the left, and RLS on the right.
- Denied
The Board denied service connection for lumbar spine, cervical spine, bilateral hearing loss, and left shoulder disabilities. The claims for erectile dysfunction and a respiratory disability were remanded.
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