The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to toxic chemicals in service and its relation to his current respiratory condition.
The deciding factor: The VA examiner did not consider the Veteran’s contentions of chemical exposure during service and his lay statements about experiencing respiratory problems then, which could affect the determination of service connection.
- Claimed conditions
- emphysema, chronic bronchitis
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- October 8, 2019
- Citation
- 19176904
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 granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Granted
The Veteran's claims for earlier effective dates for service connection for chronic bronchitis, asthma, sinusitis, and rhinitis were granted. The claims for service connection for right hand disability, right shoulder disability, right ankle disability, left ankle disability, erectile dysfunction, bilateral shoulder disability, and left wrist disability were remanded.
- 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.
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