The Board has remanded the claims for service connection for asthma, emphysema, COPD, and sleep apnea due to asbestos exposure. The Veteran's VA physician diagnosed him with emphysema in the past, but there is no evidence of this diagnosis in the record. Additional attempts must be made to locate the 1980s chest x-ray and an additional VA opinion should be obtained to determine whether the Veteran has a current diagnosis of emphysema and if it is related to service. The issue of sleep apnea is also remanded as it may be caused or aggravated by any respiratory condition, including emphysema.
The deciding factor: The Board found that there was no evidence of an emphysema diagnosis in the record, despite the Veteran's lay statements and a CT scan indicating lung emphysematous changes. The VA examiner did not address these issues adequately.
- Claimed conditions
- asthma, emphysema, chronic obstructive pulmonary disease (COPD), sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2020
- Citation
- 20080519
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 various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea as there is no evidence of an in-service injury or disease, and no competent evidence linking the condition to service.
- Granted
The Veteran was granted a 70 percent disability rating for unspecified trauma and stressor-related disorder with major depressive disorder, recurrent, and alcohol use disorder in early remission, as well as TDIU due to asthma and SMC at the housebound rate.
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.