The Veteran asserts that his respiratory disability, including pharyngitis, sinusitis, asthma, and COPD, is related to service exposure to chloropicrin gas during riot control operations in Japan. The case is being remanded for a VA examination to determine the etiology of these disabilities.
The deciding factor: The Veteran's report of exposure to chloropicrin gas during riot control activities is considered credible based on the information provided by JSRRC, and he was found to have participated in such activities as an MP. The case requires further development to confirm this exposure and determine its relationship to his respiratory disabilities.
- Claimed conditions
- pharyngitis, sinusitis, asthma, chronic obstructive pulmonary disease (COPD)
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- August 30, 2016
- Citation
- 1634139
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 1634139.
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 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.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
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