The Board has determined that the current VA examination and opinion are inadequate for addressing all relevant conditions, including fibrothorax, loculated effusions, and asbestos exposure. The Veteran's claim is being remanded to obtain additional medical records and conduct a new examination.
The deciding factor: The April 2021 VA examiner did not address the evidence of loculated effusion or suspected fibrothorax, nor explain the relationship between these conditions and service connection.
- Claimed conditions
- chronic obstructive pulmonary disease (COPD), asthma, emphysema, fibrothorax, pleural calcification, pleural effusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 20, 2022
- Citation
- 22070555
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 22070555.
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 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.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
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