The Veteran's lung disability, including emphysema, bronchial pneumonia, spontaneous pneumothorax and residuals of thoracotomy, is currently rated as 30 percent disabling beginning on August 17, 2005. The RO has been instructed to obtain additional medical evidence and schedule the Veteran for a VA examination to determine if a higher rating is warranted.
The deciding factor: The current evaluation does not reflect the severity of the Veteran's lung disability as determined by the recent VA examination and pulmonary function tests conducted in September 2011, which showed an increased need for oxygen therapy starting on September 21, 2011.
- Claimed conditions
- emphysema, bronchial pneumonia, spontaneous pneumothorax, residuals of thoracotomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- August 27, 2012
- Citation
- 1229404
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 1229404.
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 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.
- Dismissed
The appeal seeking readjudication of the previously denied claim for PTSD and multiple other conditions is dismissed due to a procedural defect. The Veteran's authorized representative at the time the appeal was submitted did not have the authority to file the appeal.
- Denied
The Board has denied service connection for sleep apnea, diabetes mellitus, emphysema, and prostate cancer as the evidence does not support a finding that these conditions began during active service or are otherwise related to an in-service injury, event, or disease.
- Remanded (sent back)
The Board has determined that the Veteran's claim for service connection for a respiratory condition, including COPD with emphysema (claimed as lung condition due to exposure of asbestos due to MOS), is remanded. The VA will provide an examination and obtain medical opinions regarding whether any diagnosed respiratory conditions are related to military service, particularly given the Veteran's in-service exposure to asbestos.
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