The Board has remanded the claims for compensation under 38 U.S.C. § 1151 for COPD, entitlement to an earlier effective date for service connection of left lower extremity radiculopathy, and entitlement to a higher initial disability rating for left lower extremity radiculopathy due to insufficient medical opinions and incomplete records.
The deciding factor: The Board found the current medical evidence inadequate to resolve these claims and ordered further examination and opinion.
- Claimed conditions
- Atelectasis, Small airway disease, Longstanding dyspnea, Restrictive lung disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 27, 2020
- Citation
- 20075846
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20075846.
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 Veteran withdrew his appeals for service connection of left shoulder, left sinus tarsi syndrome disorder, right sinus tarsi syndrome disorder, left ankle condition and right ankle condition.,Service connection was granted for restrictive lung disease, lumbosacral strain condition, left knee condition, right knee condition, bilateral metatarsalgia condition and bilateral plantar fasciitis condition.
- Granted
The Veteran's September 4, 2024 HLR request was improperly rejected by the AOJ. The Board finds that the request is timely and valid, and reinstates the claims for earlier effective dates and increased ratings.
- Granted
The Board found that the original grant of service connection for restrictive lung disease was not clearly and unmistakably erroneous, thus granting restoration of service connection.
- Remanded (sent back)
The Board has remanded the case due to an inadequate VA examination, and a new examination is needed to determine if the Veteran's respiratory disability, including COPD and restrictive lung disease, is related to his active service.
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