The Veteran's service connection claims for COPD, emphysema, pulmonary edema, and bronchial infections are being remanded for additional development due to inadequate VA examination. The claims for angina, congestive heart failure, coronary artery disease, hypertensive heart disease, and pulmonary hypertension will also be remanded for a VA examination.
The deciding factor: The Joint Motion indicated that the VA examinations were not adequate as they did not address the Veteran's COPD, emphysema, pulmonary edema, and bronchial infections individually. The Joint Motion also found the examiner's opinion inadequate because he failed to provide a rationale for his opinions and did not address a private treatment record from the Veteran's private physician that indicated a nexus between his bronchial disorders and in-service exposure to lead.
- Claimed conditions
- COPD, emphysema, pulmonary edema, bronchial infections
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2009
- Citation
- 0947691
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 0947691.
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 Board denied the Veteran's claim for service connection for COPD, finding that there is no evidence of a nexus between his current respiratory disability and active duty service. The VA examiner concluded that the COPD was more likely due to tobacco use rather than asbestos exposure in service.
- Granted
The Board has granted service connection for the cause of the Veteran's death, attributing it to his exposure to Agent Orange during service. COPD is considered a disease associated with such exposure.
- Granted
The Board has determined that new and relevant evidence has been received to reopen the claim of service connection for COPD. The Veteran's COPD is presumed due to exposure to herbicides, but the evidence does not support a finding that it began during active service or is related to in-service exposure.
- Remanded (sent back)
The Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
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