The Veteran's respiratory disabilities, including COPD, chronic bronchitis, and emphysema, are related to his active duty military service. The VA medical opinion is inadequate for informed appellate review due to its focus on asbestos exposure rather than the in-service symptomatology.
The deciding factor: The VA medical opinion does not adequately address whether the Veteran's in-service respiratory symptoms and diagnoses are etiologically linked to his current disabilities.
- Claimed conditions
- COPD, chronic bronchitis, emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 6, 2022
- Citation
- 22038601
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 22038601.
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 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.
- Granted
The Board has granted service connection for the cause of the Veteran's death, attributing it to his exposure to Agent Orange during service. COPD is considered a disease associated with such exposure.
- Granted
The Board has determined that new and relevant evidence has been received to reopen the claim of service connection for COPD. The Veteran's COPD is presumed due to exposure to herbicides, but the evidence does not support a finding that it began during active service or is related to in-service exposure.
- Remanded (sent back)
The Board has decided to remand the case due to a lack of adequate examination and opinion regarding the Veteran's claimed chronic bronchitis. The Veteran is seeking service connection for this condition, which was denied in an initial decision. The VA examiner did not address the medical record indicating a current diagnosis of chronic bronchitis.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.