The Veteran's respiratory condition, including COPD and chronic bronchitis, is being remanded for a VA examination to determine if it is related to his service in Vietnam where he was exposed to herbicide agents. The current evidence does not establish presumptive service connection due to Agent Orange exposure.
The deciding factor: The Veteran's respiratory condition may be related to his service in Vietnam based on the conceded exposure to herbicide agents, but direct causation needs to be established through a VA examination.
- Claimed conditions
- chronic lung disease, COPD, chronic bronchitis
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- June 20, 2019
- Citation
- 19147763
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.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for COPD, finding that the evidence does not support a link between the Veteran's respiratory condition and his military service, including exposure to Agent Orange.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Granted
The Veteran's COPD precluded him from obtaining and maintaining substantial gainful employment, warranting a Total Disability Rating Based on Individual Unemployability (TDIU).
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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.