The Board has remanded the case for further development, including obtaining an addendum opinion to determine if the Veteran's COPD is related to his service-connected asbestosis and whether it was caused by or aggravated by his military service.
The deciding factor: The VA examiner needs to provide a clear opinion on the relationship between the Veteran's COPD and both his service-connected asbestosis and his military service, using the correct legal standard of review.
- Claimed conditions
- respiratory condition, asbestosis, COPD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2020
- Citation
- 20074420
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).
- Remanded (sent back)
The Board remands the claim for a lung condition, to include COPD, asbestosis, and bilateral pleural plaques due to inadequate medical opinions regarding the relationship between the Veteran's service and his current lung condition.
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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.