The Board has remanded the Veteran's claims for service connection for right leg neurological disability, respiratory disability (COPD), and total disability rating based on individual unemployability prior to July 19, 2016 due to inadequate examinations. The issues are related to his in-service asbestos and lead exposure.
The deciding factor: The Board found the previous VA examination opinions insufficient as they did not adequately consider the nature, cause, and etiology of the Veteran's conditions and their relation to service-connected disabilities.
- Claimed conditions
- right lower extremity neurological disability (ruling out neuropathy), respiratory disability (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2021
- Citation
- 21069370
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 21069370.
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.
- Granted
The Board has granted service connection for respiratory disability (COPD), left hand disability (carpal tunnel syndrome), and right hand disability (carpal tunnel syndrome) due to the Veteran's credible testimony of symptoms during service, medical records confirming diagnoses, and the absence of any evidence contradicting a direct relationship between his military service and these conditions.
- Denied
The Board denied the Veteran's claims for service connection for acquired psychiatric disability, GERD, respiratory disability (COPD), obstructive sleep apnea, and prostate disability. The Board found no current diagnosed disabilities and insufficient evidence of an in-service event, injury, or disease.
- Denied
The Board denied service connection for respiratory disability, to include COPD, and remanded the claims for obstructive sleep apnea (OSA) and heart disability.
- Partly granted
The Board denied the claims for a compensable rating for hypertension, an increased rating for a left ankle disability, service connection for chronic headaches and a neck injury, and remanded several other claims including service connection for an acquired psychiatric disorder, residuals of traumatic brain injury, erectile dysfunction, respiratory disability, right knee disability, and skin condition affecting the feet.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.