The Board remands the Veteran's claims for service connection for a respiratory disability and thoracic spine disability to correct pre-decisional duty to assist errors.
The deciding factor: The claims are being remanded due to missing service treatment records, unobtained VA and private treatment records, and an inadequate medical opinion regarding potential toxic exposures during service.
- Claimed conditions
- Respiratory disability, to include bullous emphysema, Thoracic spine disability, claimed as chronic osteophytes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2025
- Citation
- A25034567
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The appeal was withdrawn and dismissed for hearing loss, a headache disability, joint pain, memory loss, and fatigue.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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