The Board remands the matter of entitlement to service connection for a chronic respiratory disorder due to inadequate VA opinions and failure to substantially comply with previous remand instructions.
The deciding factor: The VA opinions obtained on remand were found to be inadequate as they did not address all potential exposures and failed to cite or explain relevant medical literature.
- Claimed conditions
- chronic respiratory disorder, chronic cough, esophageal dysmotility, pulmonary nodule
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- November 15, 2024
- Citation
- 24033108
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 service connection claim for chronic cough due to a pre-decisional duty to assist error, as the VA medical opinions were based on an inaccurate premise.
- Dismissed
The appeal for an earlier effective date and a compensable rating for chronic cough was denied, while the claims for service connection for lower back strain, spinal fusion surgery, L3-4 foraminotomy, L4-5 discectomy, and gout in the right foot were remanded.
- Partly granted
The Board granted an earlier effective date of March 7, 2019, for the grant of service connection for pulmonary nodule and chronic cough but denied a compensable disability rating for the same condition. The claim for service connection for lesions on lungs was remanded.
- Denied
The Board denied service connection for chronic cough, a breathing disorder, and a left foot condition as the evidence did not support a finding of a current disability or a link to active service.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.