The Board has remanded the case due to a duty to assist error and failure to obtain an addendum VA medical opinion regarding the nature and etiology of the Veteran's pulmonary fibrosis. The AOJ is required to determine the specific nature and extent of the Veteran's conceded TERA related to his MOS as a textile and leather repairman, including by asking the Veteran to describe the nature and extent of exposure to any toxic substances in the course of his MOS duties. Additionally, an addendum VA medical opinion is needed to determine if the Veteran's current pulmonary fibrosis is etiologically related to his conceded, MOS-related TERA.
The deciding factor: The Board found that the AOJ committed a pre-decisional duty to assist error and failed to fulfill a statutory duty (under the PACT Act) by inadequately developing the nature and extent of the Veteran's specific, MOS-related TERAs. The AOJ also failed to obtain an addendum VA medical opinion to determine if the Veteran's current pulmonary fibrosis is etiologically related to his conceded, MOS-related TERA.
- Claimed conditions
- pulmonary fibrosis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- December 30, 2023
- Citation
- A23036127
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 A23036127.
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 pulmonary fibrosis as there is no evidence of a current diagnosis.
- Granted
The Veteran's pulmonary fibrosis is related to in-service exposure to herbicide agents, and the Board has granted service connection for this condition.
- Remanded (sent back)
The Board has decided to remand the case due to duty-to-assist errors, including obtaining signed consent forms and an adequate medical opinion regarding the Veteran's lung complications.
- Granted
The Board has granted service connection for a respiratory disorder, including interstitial lung disease, pulmonary fibrosis, asthma, and pulmonary asbestosis, due to in-service asbestos exposure.
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