The Board has remanded the case due to insufficient reasoning in the September 2017 decision, specifically failing to address a medical opinion from Dr. Michael Baaklini and whether any previously diagnosed emphysema had a nexus to military service.
The deciding factor: The Court found that the September 2017 decision did not provide an adequate statement of reasons or bases for its findings regarding the Veteran's lung disability.
- Claimed conditions
- lung disability, bilateral lobar pneumonia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2019
- Citation
- 19175393
Veterans Law Judge
Decisions by this judge: 1,547 · Granted: 20% (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 19175393.
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.
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The Board has decided to remand the case due to a duty to assist error, specifically regarding private medical records related to asbestos exposure and lung disability. The Veteran is requested to provide information about his private physician and for VA to obtain relevant records.
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The Board has decided to remand the claims of service connection for diabetes mellitus, type II; a heart disability; hypertension; and a lung disability due to insufficient evidence. The Veteran is currently diagnosed with these conditions and reported symptoms during service.
- Remanded (sent back)
The Veteran's claims for compensation benefits for a lung disability and TDIU are being remanded due to errors in the initial adjudication process.
- Remanded (sent back)
The Veteran's claims for service connection for gout and lung disability have been remanded due to the submission of new evidence that tends to prove or disprove an element at issue. The AOJ will now consider these claims on their merits.
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