The Board has remanded the claim for service connection for a lung disorder, including obstructive lung disease and residuals of pneumothorax due to inadequate medical opinion in the prior decision.
The deciding factor: The VA examiner's opinion was internally inconsistent and inadequate for adjudication purposes, as it did not consider the December 2005 chest X-ray or acknowledge the Veteran’s current diagnoses of mild obstructive ventilatory defect and reduced lung capacity.
- Claimed conditions
- lung disorder, obstructive lung disease, residuals of pneumothorax
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 16, 2020
- Citation
- 20073217
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 appeal was dismissed due to a claims processing error, as there was no adjudicative determination from which the Veteran could file a notice of disagreement.
- Partly granted
The Board denied service connection for a thyroid disorder and remanded claims for lung, skin, psychiatric, and back disorders.
- Partly granted
The Board grants service connection for headaches as the evidence supports a direct link to the Veteran's active military service.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.