The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's current pulmonary conditions are related to service, specifically presumed Agent Orange exposure in Vietnam. The Veteran can still establish direct service connection based on actual causation.
The deciding factor: The VA examiner found it less likely than not that the Veteran’s COPD incurred in or caused by his military service, but the Board finds this opinion inadequate and requires an additional VA medical opinion to determine if there is a relationship between Agent Orange exposure and the Veteran's current pulmonary conditions.
- Claimed conditions
- COPD
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- November 12, 2019
- Citation
- 19185076
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 an effective date earlier than August 10, 2022, for the grant of a 60 percent rating for sarcoidosis, asthma, chronic bronchitis, and COPD.
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.