The Board has remanded the Veteran's claims for service connection due to a duty to assist error, requiring further examination and opinion regarding his respiratory disability and depressive disorder.
The deciding factor: The Board found that the previous opinions were inadequate and lacked an adequate explanation of the relationship between the Veteran's in-service conditions and current disabilities.
- Claimed conditions
- respiratory disability, depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2024
- Citation
- A24085118
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 A24085118.
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.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's vascular headaches are granted effective August 22, 2011. A TDIU is granted effective February 11, 2015. SMC based on housebound criteria is denied prior to July 14, 2020.
- Granted
The Board has restored the Veteran's 100% rating for depressive disorder, effective August 1, 2020, as the reduction was improper and did not comply with applicable regulations.
- Remanded (sent back)
The Veteran's claim for service connection for acquired psychiatric disability, including unspecified anxiety disorder, depressive disorder, kleptomania, and PTSD is being remanded due to the AOJ's failure to obtain medical records from his periods of incarceration or a medical opinion regarding his diagnoses.
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