The Board remands the claim for service connection for shortness of breath to afford the Veteran an additional opportunity for examination and to consider a TERA examination due to conceded toxic exposure during service.
The deciding factor: A remand is warranted as the Veteran was not scheduled for an examination to determine whether his claimed shortness of breath is due to conceded toxic exposure risk activity (TERA) during service, which is required under the PACT Act.
- Claimed conditions
- shortness of breath
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2025
- Citation
- A25031411
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 granted service connection for a chronic undiagnosed illness manifested by bilateral leg pain, bilateral hand tremors, sinus problems, shortness of breath and recurrent transient ear noise due to Gulf War service. Service connection was denied for CFS.
- Remanded (sent back)
The Board remands the claims for service connection for multiple conditions due to a need for additional development, including obtaining medical opinions considering all toxic exposure risk activities (TERAs) under the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxins Act of 2022.
- Partly granted
The Board granted service connection for right and left ankle disabilities, a skin rash, and denied service connection for bilateral hearing loss, shortness of breath, PTSD, OSA, cervical spine disability, lumbar spine disability, knee disabilities, CPS, and earlier effective dates.
- Granted
The Board granted an effective date of January 19, 2021, for the award of service connection for shortness of breath.
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