The Board has remanded the case for further development due to inconsistencies in the evidence and need for additional testing. The Veteran's asbestosis with COPD and right pulmonary nodule is currently rated at 30 percent, but his symptoms have not met or approximated the criteria for a higher rating under Diagnostic Code 6604.
The deciding factor: The PFT results did not meet the criteria for a 60% rating (FEV-1 of 40 to 55 percent predicted; FEV-1/FVC of 40 to 55 percent; DLCO (SB) of 40 to 55 percent predicted; or maximum exercise capacity of 15 to 20 ml/kg/min with cardiorespiratory limitation).
- Claimed conditions
- Asbestosis, Chronic Obstructive Pulmonary Disease (COPD), Right Pulmonary Nodule
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 21, 2023
- Citation
- 23046367
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 23046367.
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 Board has decided to remand the claim of service connection for COPD due to duty-to-assist errors and a need for a supplemental medical opinion.
- Denied
The Veteran's appeal to reduce the ratings for OSA and COPD with asthma and granuloma of the lung was denied, as well as his attempt to add a claim for service connection for aphasia secondary to TBI. The appeals were dismissed due to untimeliness.
- Remanded (sent back)
The Veteran's claim for service connection for COPD is remanded due to a duty to assist error. The Board requests an addendum opinion from a pulmonologist or clinician with appropriate expertise to determine if the Veteran's COPD is etiologically related to his VA conceded TERA exposure, including exposure to TCDD, jet fuel and engine exhaust, hazardous chemicals, lead, vehicle engine exhaust fumes, chemical vapors, oily/hazardous waste, chemical solvents, and compressed gases.
- Denied
The Veteran's COPD was evaluated and found not to meet the criteria for a compensable disability rating based on the provided pulmonary function test results. The Board denied the claim as there is no evidence of service connection or exposure basis that would warrant a higher rating.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.