The Board has remanded the case due to conflicting evidence regarding whether the Veteran's COPD and chronic bronchitis are related to service, including presumed exposure to burn pits. The examiner is asked to consider all relevant factors, including the PACT Act presumption of service connection for certain diseases like COPD.
The deciding factor: The Board found conflicting evidence on the etiology of the Veteran's respiratory disability(ies) and requested an addendum opinion considering all applicable military deployments and toxic exposure risk activities.
- Claimed conditions
- COPD, chronic bronchitis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- October 3, 2023
- Citation
- 23054672
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 23054672.
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 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.
- Granted
The Board has granted service connection for the cause of the Veteran's death, attributing it to his exposure to Agent Orange during service. COPD is considered a disease associated with such exposure.
- Granted
The Board has determined that new and relevant evidence has been received to reopen the claim of service connection for COPD. The Veteran's COPD is presumed due to exposure to herbicides, but the evidence does not support a finding that it began during active service or is related to in-service exposure.
- Remanded (sent back)
The Board has decided to remand the case due to a lack of adequate examination and opinion regarding the Veteran's claimed chronic bronchitis. The Veteran is seeking service connection for this condition, which was denied in an initial decision. The VA examiner did not address the medical record indicating a current diagnosis of chronic bronchitis.
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