The Veteran's asbestosis, asthma, and COPD are not currently manifested by the required criteria for a higher rating. The Board has remanded this issue due to conflicting medical opinions regarding the need for outpatient oxygen therapy.
The deciding factor: Medical evidence does not consistently support the need for outpatient oxygen therapy, which is necessary for a higher rating under DCs 6833 and 6604.
- Claimed conditions
- Asbestosis, Asthma, Chronic Obstructive Pulmonary Disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 4, 2021
- Citation
- 21006625
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 21006625.
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 Veteran's asthma is currently rated as 10 percent disabling, and the Board finds that this rating adequately compensates his service-connected condition.
- Partly granted
The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sleep apnea claim has been remanded due to duty-to-assist errors.
- Granted
The Veteran's service-connected disabilities, including PTSD, asthma, and foot conditions, rendered him unable to secure or follow a substantially gainful occupation consistent with his education and work history throughout the appeal period.
- Remanded (sent back)
The Board has decided to remand the claim of service connection for COPD due to duty-to-assist errors and a need for a supplemental medical opinion.
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