The claim of service connection for COPD, to include as due to asbestos exposure is remanded. The Veteran needs a VA examination and the AOJ should review any report to ensure it is in complete compliance with the directives.
The deciding factor: The evidence presented since the last final denial raises a reasonable possibility of substantiating the claim by triggering the VA's duty to assist.
- Claimed conditions
- COPD
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 13, 2019
- Citation
- 19193939
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 19193939.
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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