The Board has decided to remand the Veteran's claim for service connection for a respiratory disorder, as secondary to his service-connected deviated nasal septum. The decision is based on an error in notifying the Veteran of his right to a hearing before VA.
The deciding factor: The AOJ did not satisfy its regulatory duty to notify the Veteran of his right to a hearing before VA.
- Claimed conditions
- respiratory disorder, breathing problems
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 6, 2026
- Citation
- A26020617
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 A26020617.
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.
- Remanded (sent back)
The Board has determined that the claims for service connection must be remanded due to inadequate examinations and opinions. The Veteran's skin disorder, respiratory disorder, Crohn's disease, eye disorder, and migraines are all being reviewed again with new medical evaluations.
- Remanded (sent back)
The Board has remanded the case due to a duty-to-assist error in the March 2025 VA medical opinion, which did not consider the Veteran's theory of entitlement regarding his obstructive sleep apnea (OSA). The claim for service connection for breathing problems is denied. The claim for service connection for OSA is remanded.
- Remanded (sent back)
The Veteran's claim for service connection for a respiratory disorder, including COPD and emphysema, is being remanded due to the submission of new and relevant evidence. The Board finds that the evidence submitted tends to disprove a link between his current condition and active service.
- Dismissed
The appeal for a respiratory disorder is dismissed. Service connection for right hand palmar nodule and service connection for a right hand scar are granted, but the issue of service connection for a right hand disorder other than service-connected right hand palmar nodule is remanded.
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