The appeal for service connection of a respiratory disability is remanded. The Board needs more information to decide the case.
The deciding factor: The Board found that an opinion regarding the etiology of the Veteran's claimed respiratory disability is necessary, and thus remand is required to correct this pre-decisional duty to assist error.
- Claimed conditions
- respiratory disability, sinusitis, rhinitis, pain and congestion in his chest, bronchitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2025
- Citation
- A25002092
Veterans Law Judge
Decisions by this judge: 2,249 · Granted: 37% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A25002092.
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 has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Veteran's rhinitis and gastric ulcer with hiatal hernia were evaluated, but the Board found that neither condition warranted a higher rating.,For rhinitis, the evidence did not show greater than 50 percent obstruction of both nasal passages or complete obstruction on one side. For gastric ulcer with hiatal hernia, symptoms were described as infrequent and mild.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
- Remanded (sent back)
The Veteran's initial claim for an increased rating for sinusitis is being remanded due to a failure by the AOJ to provide proper notice of his right to a hearing.
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