The Board has determined that the VA acquired a VA opinion in October 2016 to assess whether the Veteran's cause of death was etiologically related to any service-connected disabilities or his active service. However, this opinion is inadequate as it fails to address medical evidence of record regarding 'complications' during the Veteran's final treatments prior to his death and is silent on the Veteran's exposure to herbicides during his active service in Vietnam.
The deciding factor: The VA acquired a VA opinion that was found to be inadequate due to its failure to consider potential etiological nexus between the Veteran's cause of death (ostensibly respiratory disease) and his presumed exposure to herbicides during his active service in Vietnam.
- Claimed conditions
- Chronic Obstructive Pulmonary Disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2022
- Citation
- 22000748
Veterans Law Judge
Decisions by this judge: 1,164 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 22000748.
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.
- 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.
- Denied
The Veteran's appeal to reduce the ratings for OSA and COPD with asthma and granuloma of the lung was denied, as well as his attempt to add a claim for service connection for aphasia secondary to TBI. The appeals were dismissed due to untimeliness.
- Remanded (sent back)
The Veteran's claim for service connection for COPD is remanded due to a duty to assist error. The Board requests an addendum opinion from a pulmonologist or clinician with appropriate expertise to determine if the Veteran's COPD is etiologically related to his VA conceded TERA exposure, including exposure to TCDD, jet fuel and engine exhaust, hazardous chemicals, lead, vehicle engine exhaust fumes, chemical vapors, oily/hazardous waste, chemical solvents, and compressed gases.
- Denied
The Veteran's COPD was evaluated and found not to meet the criteria for a compensable disability rating based on the provided pulmonary function test results. The Board denied the claim as there is no evidence of service connection or exposure basis that would warrant a higher rating.
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