The Board has remanded the claim due to insufficient evidence regarding the Veteran's respiratory disabilities and their relationship to service. The VA will obtain medical opinions on whether the Veteran was exposed to asbestos during service, and if so, whether his current respiratory conditions are related to that exposure.
The deciding factor: Insufficient evidence exists to determine the nature and etiology of the Veteran's respiratory disabilities and their relation to service.
- Claimed conditions
- Chronic Obstructive Pulmonary Disease (COPD), Restrictive lung disease
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- January 22, 2020
- Citation
- 20005211
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.