The Board remands the claims for service connection and an increased rating for the Veteran's respiratory conditions, including chronic sinusitis, chronic bronchitis, COPD, shortness of breath, and allergic rhinitis, to correct pre-decisional duty to assist errors.
The deciding factor: The September 2022 VA examination did not adequately address all of the Veteran's reported symptoms related to his respiratory conditions and their functional impact on earning capacity. Additionally, an opinion was needed regarding whether any of the Veteran's symptoms were signs or symptoms of undiagnosed illness or a MUCMI.
- Claimed conditions
- chronic sinusitis, chronic bronchitis, COPD (Chronic Obstructive Pulmonary Disease), shortness of breath, allergic rhinitis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- June 16, 2025
- Citation
- A25052676
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.
- Denied
The Board denied increased ratings for the Veteran's lumbar spine pain, allergic rhinitis, and recurrent yeast infections. The claims for service connection for generalized anxiety disorder with alcohol use disorder and left knee pain were remanded.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Remanded (sent back)
The Board remands the claim for a new examination to determine the severity of the Veteran's allergic rhinitis, including whether there is any nasal obstruction or polyps.
- Denied
The Board denied service connection for a deviated septum and denied compensable ratings for allergic rhinitis, chronic sinusitis, hypothyroidism, and hypertension.
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