The Board remands the claim for a respiratory disability, however diagnosed and including as due to exposure to asbestos, for an additional medical opinion.
The deciding factor: The September 2022 examiner's opinion is not supported by an adequate rationale and did not address all required aspects of the prior remand instructions.
- Claimed conditions
- Respiratory disability, however diagnosed, Emphysema, COPD (Chronic obstructive pulmonary disease)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2023
- Citation
- 23001177
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.
- Dismissed
The appeals for service connection and TDIU were dismissed due to the Veteran's death during the pendency of the appeal.
- Granted
The Board granted service connection for bilateral hearing loss, ischemic heart disease (IHD), percutaneous coronary intervention (PCI) with stent placement as secondary to IHD, hypertensive heart disease, and emphysema. The COPD claim was denied.
- Denied
The Board denied service connection for mantle cell lymphoma, emphysema, diabetes mellitus, Type II, bilateral foot neuropathy, and an acquired psychiatric disorder, including PTSD and antisocial personality disorder.
- Partly granted
The appeal was withdrawn and dismissed for hearing loss, a headache disability, joint pain, memory loss, and fatigue. Tinnitus was granted due to service connection. Other issues were remanded.
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