The Board has determined that the current medical evidence of record is insufficient to rate the veteran's claim pursuant to the new regulations. Therefore, a remand is necessary to obtain a new VA examination which conforms to the new regulatory scheme.
The deciding factor: The Board found that the current medical evidence does not comply with the new regulatory scheme for evaluating COPD and requires additional testing and information.
- Claimed conditions
- Chronic Obstructive Pulmonary Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 29, 2006
- Citation
- 0640135
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 0640135.
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 remands the claims for service connection for the cause of the Veteran's death and entitlement to Dependency and Indemnity Compensation (DIC) on the basis of 38 U.S.C. § 1151 due to a pre-decisional duty to assist error in that the prior medical opinions are inadequate.
- Denied
The Board denied the Veteran's claim for service connection for a respiratory condition, including COPD, finding that there was no evidence linking his current COPD to his time in service.
- Denied
The Board denied entitlement to service connection for the cause of the Veteran’s death, finding that there was no evidence to support the contention that the medications used to treat his service-connected disabilities caused his death.
- Granted
The Veteran's service-connected Major Depressive Disorder substantially contributed to his death from Chronic Obstructive Pulmonary Disease, and the Board granted service connection for the cause of the Veteran's death.
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