The Board has remanded the Veteran's claims for service connection due to a lack of VA examinations and medical opinions, as the PACT Act requires such examinations if evidence of participation in toxic exposure risk activity (TERA) is provided. The claims are related to asbestos exposure during service.
The deciding factor: The PACT Act mandates TERA examinations when evidence of participation in toxic exposure risk activities is presented for claims involving service-connected disabilities resulting from such exposures.
- Claimed conditions
- chronic bronchitis, chronic obstructive pulmonary disease (COPD), coronary artery disease with coronary artery bypass, obstructive sleep apnea, type II diabetes mellitus
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 18, 2023
- Citation
- A23028896
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 A23028896.
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 obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
- 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.
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