The Veteran's COPD and lumbar spine disability were not incurred in service, as there is no evidence of a current disability during or within one year after service. The Board finds the VA examiners' opinions to be highly probative.,The Veteran's bilateral lower extremity arthritis/tendonitis and headaches are remanded for further examination to determine if they are related to his period of active duty.
The deciding factor: There is no evidence of a current COPD or lumbar spine disability during service, nor within one year after service. The Veteran's lay statements regarding in-service exposure do not outweigh the probative medical opinions.,The VA examiners did not provide an opinion on whether the Veteran's bilateral lower extremity and headache conditions are related to his period of active duty. Further examination is needed.
- Claimed conditions
- Chronic Obstructive Pulmonary Disease (COPD), Lumbar Spine Disability, Bilateral Lower Extremity Arthritis/Tendonitis, Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 9, 2022
- Citation
- 22007277
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 22007277.
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 denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
- Granted
The Veteran's headaches, which manifested as very frequent and prolonged attacks causing severe economic inadaptability, are granted a 50 percent disability rating for the entire period on appeal.
- 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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