The Board has remanded the case due to a duty-to-assist error, specifically failing to obtain a VA medical opinion regarding whether the Veteran's lung conditions were linked to his in-service exposure to Agent Orange. The claim is now pending for further review.
The deciding factor: The Board found that there was an error in not obtaining a VA medical opinion on the issue of service connection based on herbicide exposure, which could have helped substantiate the appellant's claim.
- Claimed conditions
- interstitial lung disease, pulmonary fibrosis, chronic obstructive pulmonary disease (COPD), rheumatoid arthritis
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- November 14, 2023
- Citation
- A23031858
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 A23031858.
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 rheumatoid arthritis disability rating is being remanded for additional development due to significant weight loss and anemia.
- 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.
- Dismissed
The Veteran's appeal for a higher rating for right foot disability status post Mitchell's bunionectomy is granted with an effective date of July 25, 2023.,The Veteran's appeal for a higher rating for left foot disability status post Mitchell's bunionectomy is dismissed as it does not meet the criteria for an earlier effective date.
- Denied
The Board denied service connection for asthma, COPD, pancreatitis, stroke, and left arm weakness (claimed as secondary to stroke) based on the presumption of exposure to contaminated water at Camp Lejeune. The evidence did not support a finding that these conditions were related to service or due to in-service exposure.
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