The Board has remanded the claims for COPD and stage 2 chronic kidney disease due to a procedural error in not considering potential exposure to herbicides while on active duty, including during service in Guam. The Veteran is presumed to have been exposed to Agent Orange. The Board finds there was a duty to assist and correct this error.
The deciding factor: The Board found that the Veteran's COPD and kidney disease are not presumed to be associated with exposure to herbicides while on active duty, but VA has an obligation to determine if these conditions are related to his conceded exposure to herbicides during service. No such examinations were provided prior to the rating decision.
- Claimed conditions
- chronic obstructive pulmonary disease (COPD), stage 2 chronic kidney disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- December 8, 2023
- Citation
- A23035129
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 A23035129.
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
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- Dismissed
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