The Board has remanded the case due to insufficient evidence regarding the Veteran's respiratory condition, specifically asthma and COPD. The VA is required to obtain a new examination to address the alternate theories of entitlement put forth by the Veteran and in-service treatment for lung problems.
The deciding factor: The VA examiner failed to consider the Veteran’s statements about exposure to chlorobenzalmalononitrile and asbestos during service, which are alternative theories of entitlement. The VA also did not provide a rationale for their conclusion that the respiratory condition is less likely related to military service based on the absence of treatment records.
- Claimed conditions
- asthma, chronic obstructive pulmonary disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 7, 2019
- Citation
- 19161093
Veterans Law Judge
Decisions by this judge: 2,077 · Granted: 25% (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 19161093.
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.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
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