The Veteran's claim for an initial compensable rating for spontaneous pneumothorax with chronic obstructive pulmonary disease prior to March 1, 2022 and in excess of 10 percent thereafter is being remanded due to the need for additional testing.
The deciding factor: The VA examination did not include DLCO (SB) testing as required by the Board's previous remand directive.
- Claimed conditions
- spontaneous pneumothorax, chronic obstructive pulmonary disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 25, 2022
- Citation
- 22048544
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 22048544.
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 claim for TDIU prior to October 18, 2018 due to a lack of evidence showing that the Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation.
- Granted
The Veteran's emphysema, chronic obstructive pulmonary disease and other spontaneous pneumothorax status post thoracotomy is rated as 100% disabling since February 28, 2024. His major depressive disorder is separately rated at 70%. The Board finds that the Veteran meets the criteria for special monthly compensation under 38 U.S.C. § 1114(s) due to his service-connected disabilities.
- Remanded (sent back)
The Veteran's claims for sarcoidosis, unilateral complete paralysis of vocal cords, and spontaneous pneumothorax are being remanded due to a duty-to-assist error. A VA examination is needed to determine the likely etiology of the Veteran's sarcoidosis.
- Dismissed
The Veteran's claims for service connection for various conditions are dismissed due to untimely filing of the Notice of Disagreement (NOD). The appeal is also dismissed as there was no good cause shown for the late filing.
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