The Veteran's claim for service connection for a pulmonary condition, including frequent pneumonia, asthma, and COPD is being remanded due to the need for additional development and an opinion regarding the relationship between his in-service herbicide exposure and his current conditions.
The deciding factor: The Board found that the AOJ has not substantially complied with the May 2022 remand directives and requires another VA examination to address the Veteran's pulmonary condition, including its relation to in-service herbicide exposure.
- Claimed conditions
- pulmonary condition, frequent pneumonia, asthma, chronic obstructive pulmonary disease (COPD)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 4, 2023
- Citation
- 23063938
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 23063938.
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 Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Remanded (sent back)
The Board has decided to remand the cases of sleep apnea and asthma due to a failure to provide proper notice for a hearing.
- Dismissed
The Veteran's appeals for service connection for asthma and a 10 percent rating based on multiple noncompensable service-connected disabilities were dismissed. The claim of entitlement to a compensable rating for eczema was denied, while the claim of entitlement to allergic rhinitis was not addressed as it pertained to different issues.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
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