The Board remands the claim for a respiratory disorder, to include COPD, as there has not been substantial compliance with previous remand directives.
The deciding factor: The medical opinions of record are inadequate and do not provide a thorough rationale for their conclusions.
- Claimed conditions
- respiratory disorder, to include chronic obstructive pulmonary disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2024
- Citation
- 24004597
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 Board remands the claims for service connection and increased ratings due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claims for service connection for a respiratory disorder, heart disorder, diabetes mellitus type II, and hypertension, as well as entitlement to a special monthly pension, due to insufficient evidence regarding in-service exposure to herbicide agents.
- Dismissed
The Board dismissed the Veteran's motion for revision based on clear and unmistakable error (CUE) in an April 2022 rating decision, as it was not properly raised with the AOJ first.
- Partly granted
The Board granted service connection for right lower extremity radiculopathy and panic disorder, but denied service connection for chronic fatigue syndrome (CFS) and a respiratory disorder.
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