The Board has remanded the Veteran's claims for service connection for COPD, asthma, and chronic kidney disease due to exposure to ionizing radiation. The case is returned for further development including obtaining a dose estimate from the Department of Defense and conducting VA examinations to determine if there is a link between these conditions and service.
The deciding factor: The Veteran's disabilities are not among the listed diseases specific to radiation-exposed veterans, so presumptive service connection is not available. The evidence indicates current disabilities may be associated with service, but further development including VA examinations is needed to establish a nexus between the conditions and service.
- Claimed conditions
- COPD, asthma, chronic kidney disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 28, 2024
- Citation
- 24013403
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 24013403.
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.
- 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 appeal was dismissed as the appellant withdrew their request for a hearing and to continue with the appeal.
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