The Veteran's lung disorders, including emphysema, chronic obstructive pulmonary disease and asthma, are being remanded for additional development to determine their relationship to service, specifically Agent Orange exposure. Right lung pain and halitosis are also being reviewed.
The deciding factor: The VA examiner needs to assess the likelihood of a connection between the Veteran's current lung disorders and his in-service respiratory symptoms as well as potential Agent Orange exposure.
- Claimed conditions
- emphysema, COPD, asthma, emphysematous changes, costochondral pain, halitosis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- September 20, 2013
- Citation
- 1330315
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 1330315.
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.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
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