The Board has remanded the claims for COPD and tobacco use disorder due to issues with the opinions provided. The COPD claim is being remanded for an adequate opinion on whether PTSD caused or aggravated the Veteran's tobacco use, which may have led to COPD. The tobacco use disorder claim is also being remanded as it is inextricably intertwined with the COPD claim.
The deciding factor: The Board found that the opinions provided were inadequate and needed to be revised due to lack of specific discussion on the Veteran's individual circumstances, particularly regarding whether PTSD caused or aggravated his tobacco use.
- Claimed conditions
- COPD, Tobacco Use Disorder
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2020
- Citation
- 20073903
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 COPD, finding that the evidence does not support a link between the Veteran's respiratory condition and his military service, including exposure to Agent Orange.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Granted
The Veteran's COPD precluded him from obtaining and maintaining substantial gainful employment, warranting a Total Disability Rating Based on Individual Unemployability (TDIU).
- Denied
The Board denied an effective date earlier than August 10, 2022, for the grant of a 60 percent rating for sarcoidosis, asthma, chronic bronchitis, and COPD.
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