The Board has remanded the case due to inadequate examinations and failure to consider the Veteran's lay statements regarding his exposure to environmental pollutants during service. The case is being returned for further development, including obtaining military personnel records and verifying the Veteran's claimed exposures.
The deciding factor: The examination reports are insufficient as they do not address the Veteran's claims of exposure to environmental pollutants during service, which could be relevant to his respiratory disability.
- Claimed conditions
- chronic cough
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- April 9, 2019
- Citation
- 19127613
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 remands the service connection claim for chronic cough due to a pre-decisional duty to assist error, as the VA medical opinions were based on an inaccurate premise.
- Dismissed
The appeal for an earlier effective date and a compensable rating for chronic cough was denied, while the claims for service connection for lower back strain, spinal fusion surgery, L3-4 foraminotomy, L4-5 discectomy, and gout in the right foot were remanded.
- Partly granted
The Board granted an earlier effective date of March 7, 2019, for the grant of service connection for pulmonary nodule and chronic cough but denied a compensable disability rating for the same condition. The claim for service connection for lesions on lungs was remanded.
- Denied
The Board denied service connection for chronic cough, a breathing disorder, and a left foot condition as the evidence did not support a finding of a current disability or a link to active service.
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