The Board has remanded the claims for service connection for COPD, peripheral neuropathy of the hands and feet due to presumed exposure to herbicide agents or as secondary to service-connected disability. The VA is required to obtain a records-based examination to address whether the Veteran's COPD was caused by his service-connected CAD or diabetes mellitus, and whether he had diabetic peripheral neuropathy during the claim period prior to his death.
The deciding factor: The Board found that additional development is needed due to conflicting medical findings regarding the presence of diabetic peripheral neuropathy in the hands and feet during the claim period.
- Claimed conditions
- COPD, Peripheral neuropathy of the left hand, Peripheral neuropathy of the right hand, Peripheral neuropathy of the left foot, Peripheral neuropathy of the right foot
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 7, 2023
- Citation
- 23059846
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 23059846.
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 Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
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