The Board remands the claim for service connection for a respiratory condition, to include pneumonia, bronchitis, chronic cough, and congestion.
The deciding factor: The AOJ did not fulfill their statutory duties when they failed to adjudicate the claim properly.
- Claimed conditions
- bronchial asthma, breathing disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 8, 2025
- Citation
- A25041858
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 Board dismissed the claims for service connection for bronchial asthma, bilateral knee strain, and lumbosacral strain due to a procedural defect in docketing.
- Partly granted
The Board granted service connection for bronchial asthma, obstructive sleep apnea (OSA), and a heart disability associated with the appellant's service in the Southwest Asia theater of operations during the Persian Gulf War. The remaining claims were remanded to correct pre-decisional errors.
- Partly granted
The Board denied an increased rating for bipolar and related disorders, but remanded claims for service connection for hypertension, diabetes, diabetic peripheral neuropathy, and asthma.
- Partly granted
The Board granted service connection for right shoulder arthritis and denied service connection for bilateral hearing loss. The remaining claims were remanded to correct a pre-decisional duty to assist error.
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