The Board has decided to remand the case due to insufficient reasoning in the original decision and a need for additional medical opinions.
The deciding factor: The Court found that the September 2017 decision did not provide an adequate statement of reasons or bases for its findings, specifically regarding Dr. Michael Baaklini's opinions and whether any emphysema had a nexus to military service.
- Claimed conditions
- lung disability, lung nodules, emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2019
- 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.
- Partly granted
The Board denied service connection for Parkinson's disease, emphysema, muscle cramps, bilateral shoulder disability, and neck disability. However, it granted service connection for peripheral vascular disease and asthma.
- Denied
The Board denied service connection for COPD, emphysema, a chest wall condition, PTSD, adjustment disorder with mixed anxiety and depressed mood, chronic, a low back condition, TBI, and a chest tumor.
- Denied
The Board denied the Veteran's petitions to readjudicate claims for service connection for bradycardia, diabetes mellitus, hypertension, emphysema, hypothyroidism, polypectomy, prostate cancer, and rheumatoid arthritis as new and relevant evidence was not received. The claim for an acquired psychiatric disability is remanded.
- Partly granted
The Board denied ratings in excess of 30 percent for bilateral foot disability, a rating in excess of 30 percent for left knee disability, and a rating in excess of 10 percent for lung disability. However, it granted an effective date of December 17, 2012, but no earlier, for the award service connection for limitation of extension of the left knee and left knee scar, and granted TDIU from January 17, 2013 to November 5, 2018.
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