The Board has decided to remand the Veteran's claims for COPD, asthma, and obstructive sleep apnea due to incomplete evidence. The Veteran will need to provide additional medical opinions regarding his exposure to asbestos, herbicide agents, concrete dust, silica fibers, and creosote vapors, as well as obtain updated VA treatment records.
The deciding factor: The Board found that the claims were not fully developed due to missing medical opinions and incomplete evidence from private providers. The Veteran needs additional support for his claims regarding exposure to various environmental factors during service.
- Claimed conditions
- COPD, Asthma, Obstructive Sleep Apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 19, 2019
- Citation
- 19195425
Veterans Law Judge
Decisions by this judge: 1,893 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19195425.
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 the Veteran's claim for service connection for COPD, finding that there is no evidence of a nexus between his current respiratory disability and active duty service. The VA examiner concluded that the COPD was more likely due to tobacco use rather than asbestos exposure in service.
- Granted
The Board has granted service connection for the Veteran's obstructive sleep apnea as secondary to his service-connected left knee and left ankle conditions.
- Granted
The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected other specified insomnia disorder.
- Granted
The Board has granted service connection for the cause of the Veteran's death, attributing it to his exposure to Agent Orange during service. COPD is considered a disease associated with such exposure.
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