The Board previously denied the Veteran's claim for service connection for a lung disorder, including obstructive lung disease and residuals of pneumothorax. The U.S. Court of Appeals for Veterans Claims (Veterans Court/CAVC) granted a JMPR vacating the decision and remanding it to the Board for further development and readjudication due to deficiencies in the March 2017 VA examination.
The deciding factor: The prior VA examiner failed to consider relevant evidence, including a December 2005 chest x-ray showing 'prominent markings' on the lung fields which were 'likely chronic,' and did not cite any medical literature supporting his proposition that 'medical literature supports that a past history of pneumothorax does not cause obstructive lung disease.'
- Claimed conditions
- lung disorder, obstructive lung disease, residuals of pneumothorax
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 24, 2019
- Citation
- 19174134
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 19174134.
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.
- Dismissed
The Veteran's appeals for service connection for lung and lumbar spine disorders have been dismissed due to his withdrawal of the appeals prior to the promulgation of a decision.
- Granted
The Veteran's service-connected lung disorder and anxiety and delusional disorders render her incapable of obtaining and maintaining gainful employment as of July 2, 2025. Prior to that date, the evidence does not show she was unable to secure and follow a substantially gainful occupation due solely to her service-connected disabilities.
- Denied
The Board denied service connection for lung, heart, and prostate disorders due to exposure to ionizing radiation in service. The claims were found not to be related to the Veteran's service.
- Denied
The Veteran's lung disorder was not incurred in service and no presumption of service connection applies. The Board denied the claim as there is no current showing of a lung disorder at any time during the appeal period.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.