The claim of service connection for a respiratory condition, including COPD, is reopened and remanded. The claim of service connection for a lower back condition is also remanded.
The deciding factor: New evidence has been submitted that relates to an unestablished fact necessary to substantiate the claims (current diagnoses).
- Claimed conditions
- COPD, lower back condition
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- October 29, 2019
- Citation
- 19181738
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 Board denied service connection for COPD, finding that the evidence does not support a link between the Veteran's respiratory condition and his military service, including exposure to Agent Orange.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Granted
The Veteran's COPD precluded him from obtaining and maintaining substantial gainful employment, warranting a Total Disability Rating Based on Individual Unemployability (TDIU).
- Denied
The Board denied service connection for a right leg condition, sinusitis, lower back condition, and joint pain as the evidence did not support a finding that these conditions began during active service or are otherwise related to an in-service injury, event, or disease.
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