The Board has determined that the VA examination and opinion are inadequate for rating purposes, and thus remands the case back to the AOJ with instructions to correct the error by providing an addendum opinion addressing the nature and etiology of the Veteran's claimed COPD with emphysema, including as due to asbestos exposure.
The deciding factor: The Board found that the January 2019 VA examination was inadequate for rating purposes and remanded the case back to the AOJ for an addendum opinion addressing the nature and etiology of the Veteran's claimed COPD with emphysema, including as due to asbestos exposure.
- Claimed conditions
- COPD (Chronic Obstructive Pulmonary Disease), Emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 24, 2019
- Citation
- A19002201
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 Board granted service connection for bilateral hearing loss, ischemic heart disease (IHD), percutaneous coronary intervention (PCI) with stent placement as secondary to IHD, hypertensive heart disease, and emphysema. The COPD claim was denied.
- Denied
The Board denied service connection for mantle cell lymphoma, emphysema, diabetes mellitus, Type II, bilateral foot neuropathy, and an acquired psychiatric disorder, including PTSD and antisocial personality disorder.
- Remanded (sent back)
The Board remands the claim for a respiratory disability to include COPD, emphysema, and restrictive lung disease for further development as the RO did not substantially comply with previous Board directives.
- Partly granted
The Board granted a 30 percent rating for benign paroxysmal positional vertigo (BPPV) prior to June 12, 2024, and denied all other claims including service connection for various respiratory conditions.
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