The Veteran's petition to reopen his claim for service connection for COPD, including as due to exposure to herbicides, is remanded. The Veteran's entitlement to service connection for lupus, including as due to exposure to herbicides, is also remanded.
The deciding factor: The April 2015 rating decision was not final because a lay statement regarding the Veteran’s claimed exposure to herbicides was received before the notification letter informing the Veteran of the denial of his petition to reopen his claim for service connection for COPD. As such, the April 2017 notice of disagreement is timely.
- Claimed conditions
- chronic obstructive pulmonary disorder (COPD), lupus
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 5, 2019
- Citation
- 19143219
Veterans Law Judge
Decisions by this judge: 2,341 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19143219.
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 Veteran's claim of service connection for lupus and discoid lupus erythematosus due to potential exposure through a toxic exposure risk activity (TERA) in service, including as a fire support specialist. The Veteran will be provided with an examination to determine if his conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the claims for service connection for lupus, increased disability ratings for Tourette's syndrome, allergic rhinitis, hypertension, and a right upper extremity scar. The Veteran was not provided notice of his right to a hearing on these supplemental claims.
- Granted
The Veteran's service-connected lupus and related conditions render her in need of regular aid and attendance, leading to the grant of special monthly compensation based on this need.
- Remanded (sent back)
The Veteran's claims for higher ratings for tinnitus, liver disorder (MASLD), and COPD are remanded due to incomplete or inadequate evidence. The claim for service connection is also remanded.
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