The Board has remanded the case for additional development and notification, including obtaining medical records from the Scripps Clinic and arranging for a VA pulmonary/respiratory examination.
The deciding factor: The Board found that further action was needed to comply with previous remand instructions and ensure full VCAA compliance.
- Claimed conditions
- bullous emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 10, 2008
- Citation
- 0838871
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. Search VA.gov for the original decision (opens in a new tab) using citation 0838871.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's claim for a rating in excess of 60 percent for bullous emphysema was denied as the evidence did not meet the criteria for such a higher rating.,The Veteran's claim for a rating in excess of 30 percent for bilateral posterior synechia; bilateral dry eye syndrome; left eye band keratopathy; and bilateral pseudophakia (previously rated as uveitis) was denied due to lack of incapacitating episodes during the past year.,The Veteran's claim for a compensable rating for hearing loss was denied because his best corrected visual acuity did not meet the criteria for any higher rating.,The Veteran's claim for service connection for erectile dysfunction (ED) was denied as there was no evidence linking ED to his military service.
- Whole decision: Partly granted
The Board granted service connection for squamous cell cancer and denied the claims for an earlier effective date, service connection for implanted cardiac pacemaker, and several other conditions.
- Whole decision: Denied
The Board denied service connection for a lung disease, finding that the Veteran's COPD and emphysema are less likely related to his military service due to his long history of smoking. The decision is based on the VA opinion which considered all relevant evidence.
- Whole decision: Remanded (sent back)
The Veteran's lung disorders, including lung cancer, COPD, pulmonary fibrosis, bullous emphysema, and pulmonary nodules are being remanded for further development due to a duty to assist error.
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