The Board has remanded the claims for service connection due to a failure to obtain an opinion from a VA examiner regarding the Veteran's disabilities and their relation to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.
The deciding factor: The RO failed to substantially comply with the Board's remand directives by not obtaining the requested opinion from a VA examiner.
- Claimed conditions
- allergies, asthma, cervical dystonia, deep vein thrombosis (DVT), essential tremors, Horner syndrome, sleep disorder (obstructive sleep apnea (OSA)), cerebral vascular accident (CVA or stroke), transient ischemic attack (TIA), migraine headache disorder, lupus
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 27, 2026
- Citation
- 26000938
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 26000938.
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 Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
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