The Board has remanded the Veteran's claims for service connection for respiratory disability, bilateral hearing loss, and type II diabetes mellitus due to incomplete information and treatment records. The Veteran is required to provide authorization for VA to obtain his private medical records from Dr. Szulawski, Leopold & Creighton, Geisinger Health Clinic, and any other relevant records. Additionally, the AOJ must attempt to verify the Veteran's reported exposure to herbicide agents during service and obtain all relevant VA treatment records.
The deciding factor: The claims are remanded due to incomplete information and missing medical evidence that is necessary for a proper evaluation of the Veteran's claims.
- Claimed conditions
- respiratory disability, COPD, asthma, bronchitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 12, 2022
- Citation
- 22028366
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 22028366.
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.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Board denied the Veteran's claim for service connection for COPD, finding that there is no evidence of a nexus between his current respiratory disability and active duty service. The VA examiner concluded that the COPD was more likely due to tobacco use rather than asbestos exposure in service.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
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