The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's COPD is related to asbestos exposure in service. The claim will be reviewed again with a new opinion.
The deciding factor: The VA examiners' opinions were based on the low probability of asbestos exposure, which was not supported by the finding that the Veteran was probably exposed to asbestos in service.
- Claimed conditions
- 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
- January 9, 2019
- Citation
- 19101795
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 service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Partly granted
The Board granted service connection for COPD as secondary to diabetes and denied increased ratings for peripheral neuropathy conditions, while dismissing claims related to upper extremity neuropathy.
- Denied
The Board denied the Veteran's appeal for a higher level of special monthly compensation (SMC) as he does not meet the criteria for an increased rate based on his service-connected disabilities.
- Granted
The Board granted an initial 60 percent rating for COPD, resolving all reasonable doubt in the Veteran's favor.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.