The Veteran is seeking compensation under 38 U.S.C.A. � 1151 for severe chest and lung pain and difficulty breathing due to a VA exploratory thoracoscopy and lung biopsy on February 3, 2012. He contends that the carelessness or negligence of VA caused his additional disability.
The deciding factor: The examiner must provide an opinion as to whether it is at least as likely as not that the February 3, 2012 VA exploratory thoracoscopy and lung biopsy, and post-operative treatment, caused any additional disability manifested by symptoms of severe chest and lung pain and difficulty breathing.
- Claimed conditions
- severe chest and lung pain, difficulty breathing
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 21, 2017
- Citation
- 1734284
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 1734284.
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 Board has remanded the issues of service connection for extreme fatigue, difficulty breathing, sepsis, and urinary tract infection due to incomplete records and a need for additional medical opinions.
- Remanded (sent back)
The Board has decided that the Veteran's respiratory disability, including difficulty breathing and COPD, is related to in-service toxic exposure risk activities. However, due to a duty to assist error, the case is being remanded for further evaluation.
- Remanded (sent back)
The Board has decided to remand the case due to an inadequate VA examination, specifically regarding the Veteran's exposure to burn pits and other airborne chemicals during his deployment to Honduras. The Veteran is seeking service connection for a respiratory disability, including COPD, chronic bronchitis, and difficulty breathing.
- Dismissed
The appeal for service connection for chronic cough and difficulty breathing (diagnosed as chronic bronchitis) is dismissed. Service connection for aortic aneurysm is granted.
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