The Board has remanded the case due to new evidence suggesting the Veteran may have had a restrictive lung disease during his lifetime, and whether this could be attributed to in-service exposure. The VA examiner will need to provide an opinion on these points.
The deciding factor: The VA examiner needs to determine if there is at least a 50% likelihood that any portion of the Veteran's restrictive lung disease was attributable to in-service exposure to asbestos and other pollutants, considering all relevant evidence including spirometry reports and his service duties.
- Claimed conditions
- Chronic Obstructive Pulmonary Disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2019
- Citation
- 19186631
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 asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Partly granted
The Board granted service connection for COPD as secondary to diabetes and denied increased ratings for peripheral neuropathy conditions, while dismissing claims related to upper extremity neuropathy.
- Denied
The Board denied the Veteran's appeal for a higher level of special monthly compensation (SMC) as he does not meet the criteria for an increased rate based on his service-connected disabilities.
- Granted
The Board granted an initial 60 percent rating for COPD, resolving all reasonable doubt in the Veteran's favor.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.