The Board has remanded the case due to insufficient opinions regarding whether the Veteran's pre-existing bronchiectasis increased in severity during his active duty service and if so, whether it was clear and unmistakable that this increase was due to the natural progress of the disease.
The deciding factor: The clinician did not address the first question (whether the pre-existing bronchiectasis increased in severity during service) and misapplied the clear and unmistakable standard with respect to the second question (if so, whether it was due to the natural progression of the disease).
- Claimed conditions
- bronchiectasis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 26, 2020
- Citation
- 20069061
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.
- Granted
The Board granted service connection for a lung disability, to include bronchiectasis, based on herbicide agent exposure due to the Veteran's service in Vietnam.
- Remanded (sent back)
The Board remands the claim for a respiratory disability, diagnosed as adenocarcinoma of the lung, atelectasis, and bronchiectasis, to obtain an updated TERA memorandum and new VA opinion.
- Remanded (sent back)
The Board remands the claim for a new VA medical opinion to determine the nature and etiology of the Veteran's lung disability, considering both direct service connection and toxic exposure risk activity (TERA) theories.
- Remanded (sent back)
The Board remands the claims for service connection for 12 respiratory conditions due to a need for additional medical evidence and examinations.
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