The Board has remanded the claims for service connection for a respiratory condition and an acquired psychiatric disorder due to exposure to mustard gas and asbestos. The VA is required to obtain additional medical records, verify in-service asbestos exposure, and provide an addendum opinion on whether these conditions are related to service.
The deciding factor: The decision was remanded because the VA treatment records from 2017 to 2020 were not associated with the file, there was no verification of in-service asbestos exposure, and a new medical opinion is needed regarding causation and aggravation of the respiratory condition and psychiatric disorder.
- Claimed conditions
- respiratory condition (claimed as COPD), acquired psychiatric disorder (to include depression and memory loss)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 24, 2022
- Citation
- 22036653
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 22036653.
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 remanded the case due to missing records and the need for a specific opinion regarding the etiology of the Veteran's COPD and pleural effusion. The AOJ is instructed to obtain the missing Salem VAMC records, provide an opinion on the relationship between service and the conditions, and ensure compliance with the JMR.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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