The Board has remanded the claims for service connection for renal failure and COPD, as well as the claim for special monthly compensation based on need for aid and attendance or housebound status. The Veteran's renal failure is being examined to determine if it is related to asbestos exposure during service. His COPD is also being examined to determine if it is related to asbestos exposure and PTSD. These claims are inextricably intertwined with the SMC claim, so all of these issues must be remanded together.
The deciding factor: The Board found that the Veteran's renal failure and COPD may be related to service due to asbestos exposure or PTSD, but more evidence is needed to determine this relationship. The SMC claim cannot proceed without resolving the other claims first.
- Claimed conditions
- renal failure, chronic obstructive pulmonary disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 21, 2020
- Citation
- 20004666
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).
- Remanded (sent back)
The Board remands the claim for a VA medical opinion to determine if the Veteran's service-connected disabilities, including medications taken therefor, were a substantial or contributing factor in his death.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including GERD, chronic kidney disease, COPD, a heart condition, diabetes mellitus, hypertension, insomnia, and obstructive sleep apnea, as additional development is necessary to address the Veteran's exposure to toxic chemical agents during his service.
- Remanded (sent back)
The Board remands the claim for a respiratory disability to obtain an adequate VA examination and additional evidence regarding the Veteran's exposure to herbicide agents during service.
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