The veteran's appeal is being remanded due to inadequacies in the most current VA medical examinations, specifically regarding findings for maximum oxygen consumption. The case will be reviewed again after a new examination.
The deciding factor: Inadequate evidence was found from the previous VA examinations, particularly concerning maximum oxygen consumption which is necessary for evaluating the veteran's condition under applicable criteria.
- Claimed conditions
- chronic bronchitis with emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 3, 2004
- Citation
- 0421239
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 0421239.
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 claim for service connection for asbestosis was denied, and his increased rating claim for chronic bronchitis with emphysema was also denied. The Veteran currently has a 30% disability rating for chronic bronchitis with emphysema.
- Denied
The Board found that the Veteran's death was not caused by any of his service-connected disabilities, including post-phlebitic syndrome and its associated medications. The VA examiner concluded that these conditions were unrelated to the fatal intra-cerebral hemorrhage.
- Granted
The Board has reopened the appellant's claim for service connection for the cause of the Veteran's death due to new and material evidence. The Veteran's service-connected conditions, including myocardial infarction with hypertensive heart disease, chronic nephritis, calcification of the aorta, and chronic bronchitis with emphysema, are found to have contributed substantially or materially to his death.
- Denied
The Board has determined that the veteran's service-connected conditions did not cause his death from liver failure, and thus denied the claim for service connection for the cause of the veteran's death.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.