The Board has reopened the claims for service connection for COPD and asbestosis, but has remanded the claims for service connection for sleep apnea and TDIU due to new evidence received since the last final denial. A VA examination is needed to address the relationship between the Veteran's current conditions and his military service.
The deciding factor: The Board found that the newly submitted evidence relates to unestablished facts necessary to reopen the previously denied claims for service connection.
- Claimed conditions
- COPD, asbestosis, sleep apnea
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 11, 2019
- Citation
- 19153718
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 19153718.
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 claim for a direct service connection opinion and an adequate secondary service connection aggravation opinion.
- 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 various conditions, including sinusitis, elbows condition, cervical condition, erectile dysfunction, kidney condition, sleep apnea, wrists condition, asthma, shoulders condition, ankles condition, eye condition (bilateral dry macular degeneration), peripheral vascular disease (heart condition), and rhinitis.
- Dismissed
The appeal for service connection for sleep apnea is dismissed as the benefit sought has been granted, making the case moot.
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