The Board has remanded the case for further development, including obtaining updated VA treatment records and scheduling a VA examination to assess the Veteran's right and left knee disabilities. The claim for service connection of COPD is denied as there is no evidence that it began during service or is related to service. The issue of aggravation of the right forearm disability by service-connected bilateral knee disabilities will be addressed in the new VA examination.
The deciding factor: The Board found insufficient evidence to establish a direct relationship between the Veteran's COPD and his military service, as there was no evidence of COPD during service and the examiner opined that it is more likely related to smoking. The right forearm disability issue will be addressed in the new VA examination.
- Claimed conditions
- COPD, Right forearm disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2019
- Citation
- 19185508
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.
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