The Veteran's claim for service connection for trouble breathing and coughs is remanded due to duty-to-assist errors prior to the December 2024 rating decision. The AOJ must develop his TERA participation, obtain private medical records, and schedule a VA examination.
The deciding factor: Duty-to-assist errors occurred prior to the December 2024 rating decision on appeal, including failure to properly develop the Veteran's claim for TERA participation and obtain relevant private treatment records.
- Claimed conditions
- trouble breathing, coughs
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- January 8, 2026
- Citation
- A26002136
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 A26002136.
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.
- Granted
The Veteran's right hip pain, muscle spasms, Bell's palsy, trouble breathing, and shaving profile/skin condition are all granted service connection. However, the claims for muscle spasms, Bell's palsy, trouble breathing, and shaving profile/skin condition were denied as there is no current diagnosis of these conditions.
- Partly granted
The Board granted service connection for tendinitis, left ankle and denied service connection for a heart murmur. Several claims were remanded for further development.
- Partly granted
The Board denied service connection for bilateral hearing loss and somatic symptom disorder. The claims for chest pain, trouble breathing, cervical strain, left hip strain, right hip strain, left elbow strain, right elbow strain, and right shoulder strain with rotator cuff tendonitis were remanded for further evaluation.
- Remanded (sent back)
The Board has decided that the Veteran's respiratory disorder, including COPD and anemia, is not service-connected. The case is being sent back for further review.
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