The Board has decided to remand the case for additional development, including obtaining relevant VA treatment records and clarifying whether previous lung infections are related to upper respiratory infections in service.
The deciding factor: The examiner needs clarification on whether 'previous lung infections' are at least as likely as not (50% probability or greater) related to upper respiratory infections noted during service.
- Claimed conditions
- chronic obstructive pulmonary disease, asbestosis, breathing problems
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- November 18, 2013
- Citation
- 1337540
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 1337540.
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.
- Granted
The Veteran's service-connected disabilities require regular aid and attendance from another person, warranting special monthly compensation (SMC) based on aid and attendance.
- Granted
The Veteran's asbestosis disability is rated at 100% from December 2, 2024 to January 16, 2026. The issue of entitlement to TDIU is dismissed as moot.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for asbestosis with pleural plaques and vascular dementia as secondary to asbestosis with pleural plaques due to a lack of an adequate medical opinion regarding the relationship between the Veteran's conditions and his military service.
- Remanded (sent back)
The Board has remanded the case due to a duty-to-assist error in the March 2025 VA medical opinion, which did not consider the Veteran's theory of entitlement regarding his obstructive sleep apnea (OSA). The claim for service connection for breathing problems is denied. The claim for service connection for OSA is remanded.
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