The Board has granted the reopening of service connection for a lung disorder and has remanded the issue to determine if later identified pulmonary disorders were caused by in-service herbicide agent exposure.
The deciding factor: The VA examiner is required to identify all pulmonary disorders that are at least as likely as not evident, either with the information from the formerly treating pulmonologist or from other records reviewed. The VA examiner should also describe what it similar and what is different between pulmonary hypertension and cardiovascular hypertension, and determine if there is a direct link between the in-service herbicide agent exposure and later identified pulmonary disorders.
- Claimed conditions
- lung disorder, pulmonary fibrosis, pulmonary hypertension, emphysema
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 12, 2022
- Citation
- 22057261
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 22057261.
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 Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
- Dismissed
The appeal seeking readjudication of the previously denied claim for PTSD and multiple other conditions is dismissed due to a procedural defect. The Veteran's authorized representative at the time the appeal was submitted did not have the authority to file the appeal.
- Granted
The Veteran's pulmonary fibrosis is related to in-service exposure to herbicide agents, and the Board has granted service connection for this condition.
- Denied
The Board has denied service connection for sleep apnea, diabetes mellitus, emphysema, and prostate cancer as the evidence does not support a finding that these conditions began during active service or are otherwise related to an in-service injury, event, or disease.
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