The Board remands the claim for a pulmonary disorder, to include COPD, for further development and medical examination in accordance with the PACT Act.
The deciding factor: The prior examinations were found inadequate as they did not consider the Veteran's lay statements regarding his exposure to asbestos. A TERA examination is required under the PACT Act.
- Claimed conditions
- pulmonary disorder, to include COPD
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 3, 2024
- Citation
- 24031451
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 service connection for a pulmonary disorder, lumbar spine disorder, and right knee disorder as the evidence did not support the presence of current disabilities related to the Veteran's active duty service.
- Denied
The Board denied service connection for a pulmonary disorder, initially claimed as esophageal cancer, due to the evidence not supporting a finding that these conditions began during active service or are otherwise related to an in-service injury or disease.
- Remanded (sent back)
The Board remanded the Veteran's claim for service connection of a pulmonary disorder, including COPD. The Board will consider new evidence and re-evaluate the claim.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for pulmonary disorder, to include as due to asbestos exposure, for further development.
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