The Veteran's COPD, claimed as shortness of breath, is granted service connection.,Service connection for arthritis of the joints (other than bilateral knees, shoulders, and spine) is denied.,Service connection for a right knee disability is denied.,Service connection for a left knee disability is denied.,Service connection for a right shoulder disability is denied.
The deciding factor: The VA opinion provided evidence that the COPD was related to in-service toxic exposure, meeting the second and third elements of service connection.,There are no diagnoses of arthritis other than bilateral knees, shoulders, and spine. The Veteran's complaints do not meet the first element of service connection.,The VA examinations found no medical nexus between the right or left knee disabilities and service, thus failing to meet the second and third elements of service connection.,The VA examinations found no medical nexus between the left knee disability and service, thus failing to meet the second and third elements of service connection.,The VA examinations found no medical nexus between the right shoulder disability and service, thus failing to meet the second and third elements of service connection.
- Claimed conditions
- COPD, arthritis of the joints (other than bilateral knees, shoulders, and spine), right knee disability, left knee disability, right shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 15, 2023
- Citation
- 23051146
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 23051146.
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 right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including a new VA examination to assess his bilateral knee and hip disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Board denied the Veteran's claim for service connection for COPD, finding that there is no evidence of a nexus between his current respiratory disability and active duty service. The VA examiner concluded that the COPD was more likely due to tobacco use rather than asbestos exposure in service.
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