The Board has remanded the case due to inadequate VA medical opinion regarding the nature and etiology of any respiratory disability shown during the appeal period, including exposure to contaminated water at Camp Lejeune.
The deciding factor: The VA medical opinion is inadequate as it does not provide a reasoned explanation for its conclusion and relies on unsupported assertions without discussion of relevant research or considerations.
- Claimed conditions
- respiratory disability, emphysema, chronic obstructive pulmonary disease (COPD), asthma
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- January 6, 2020
- Citation
- 20000615
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.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Granted
The Veteran was granted a 70 percent disability rating for unspecified trauma and stressor-related disorder with major depressive disorder, recurrent, and alcohol use disorder in early remission, as well as TDIU due to asthma and SMC at the housebound rate.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
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