The Board remands the claims for service connection for COPD, bladder cancer, and a heart condition to obtain new VA opinions that consider the Veteran's total potential exposure through all applicable military deployments, as well as the synergistic, combined effect of all toxic exposure risk activities.
The deciding factor: The April and July 2022 VA opinions are based on an inaccurate factual premise regarding the Veteran's post-service occupational history. Additionally, a medical opinion is needed to address potential TERA service under the PACT Act.
- Claimed conditions
- COPD, Bladder cancer, Heart condition (Myocardial infarction, coronary artery disease, stable angina, and hypertensive heart disease)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 9, 2024
- Citation
- 24001516
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.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for COPD, finding that the evidence does not support a link between the Veteran's respiratory condition and his military service, including exposure to Agent Orange.
- Remanded (sent back)
The Board remands the claim for a heart condition to obtain an addendum opinion from a VA clinician regarding whether the Veteran's current heart condition is related to service, including in-service treatment for hypertension.
- Granted
The Board granted service connection for bladder cancer, diabetes mellitus, type 2, and an acquired psychiatric disability (unspecified depressive disorder), but denied a compensable rating for bilateral hearing loss.
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