The Board is remanding the case for further development to verify service as a Navy Seal and presence in Vietnam, clarify nicotine dependence claim, obtain medical records, and ensure all notification and development action required by the VCAA has been completed.
The deciding factor: Further verification of service details and clarification on nicotine dependence are needed before determining service connection.
- Claimed conditions
- respiratory problems, chronic obstructive pulmonary disorder, emphysema
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 28, 2004
- Citation
- 0416896
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 0416896.
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 Board granted service connection for emphysema and pulmonary hypertension, finding that the Veteran's emphysema was caused by active service, including participation in a toxic exposure risk activity (TERA), and that his pulmonary hypertension is secondary to his emphysema.
- Remanded (sent back)
The Board remands the claims for service connection due to a pre-decisional duty to assist error, as it is unclear whether the Veteran's claimed conditions are due to any incident of his period of active service.
- Partly granted
The Board denied service connection for Parkinson's disease, emphysema, muscle cramps, bilateral shoulder disability, and neck disability. However, it granted service connection for peripheral vascular disease and asthma.
- Denied
The Board denied service connection for COPD, emphysema, a chest wall condition, PTSD, adjustment disorder with mixed anxiety and depressed mood, chronic, a low back condition, TBI, and a chest tumor.
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