The Veteran's claim for service connection for a lung condition, including COPD, emphysema, and asbestos-related lung disease was previously denied due to lack of in-service event and nexus. New evidence has been received indicating an in-service injury (asbestos exposure) and a nexus, allowing the claim to be reopened. The case is remanded for further evaluation.
The deciding factor: New evidence indicates an in-service injury related to asbestos exposure and a nexus between current lung conditions and service.
- Claimed conditions
- Chronic Obstructive Pulmonary Disease (COPD), Emphysema, Asbestos related lung disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2022
- Citation
- 22004789
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 22004789.
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 asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Remanded (sent back)
The Board remands the claims for additional development, including obtaining a new examination and further developing evidence related to toxic exposure during service.
- Remanded (sent back)
The Board remands the claim for an initial rating in excess of 50 percent for obstructive sleep apnea (OSA) to include chronic obstructive pulmonary disease (COPD), as a pre-decisional duty to assist error was found regarding the Veteran's COPD, and he needs an appropriate VA examination.
- Partly granted
The Board granted service connection for COPD as secondary to diabetes and denied increased ratings for peripheral neuropathy conditions, while dismissing claims related to upper extremity neuropathy.
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