The Veteran's respiratory disorder, essential tremors, and prostate cancer are being remanded for further examination and opinion as the current evidence does not meet the low threshold set forth in McLendon v. Nicholson (2006).,Additional development is needed to determine if the Veteran’s conditions are related to his military service, including exposure to asbestos, chemicals, and Project SHAD.
The deciding factor: The current evidence does not meet the low threshold set forth in McLendon v. Nicholson (2006), which requires a VA medical examination and opinion when there is: (1) competent evidence of a current disability; (2) evidence establishing that an injury or disease was incurred in or aggravated by service; and (3) credible evidence of a nexus between the current disability and service.
- Claimed conditions
- {"condition_name":"Respiratory Disorder","diagnoses":["COPD","Asthma","Bronchitis","Restrictive Lung Disease"]}, {"condition_name":"Essential Tremors","details":"Familial tremor disorder, previously diagnosed as essential tremors and vascular parkinsonism"}, {"condition_name":"Prostate Cancer"}
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 4, 2019
- Citation
- 19125245
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
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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.