The Board has remanded the claims for COPD, essential tremors of the bilateral hands, LUE and RUE peripheral neuropathy, and movement disorder with gait instability due to a duty to assist error in not considering all MOS assignments and exposure to contaminated water at Camp Lejeune. The Veteran's service connection claims are remanded for VA examinations and medical opinions regarding the relationship between these conditions and military service.
The deciding factor: The Board found that there was a pre-decisional duty to assist error due to inadequate consideration of all MOS assignments and exposure to contaminated water at Camp Lejeune, which is required under PACT Act provisions.
- Claimed conditions
- COPD, essential tremors of the bilateral hands, LUE peripheral neuropathy, RUE peripheral neuropathy, movement disorder with gait instability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Camp Lejeune water
- Rating assigned
- None in this decision
- Decision date
- October 21, 2024
- Citation
- A24067432
Veterans Law Judge
Decisions by this judge: 2,604 · Granted: 65% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24067432.
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.
- Granted
The Board has granted service connection for the cause of the Veteran's death, attributing it to his exposure to Agent Orange during service. COPD is considered a disease associated with such exposure.
- Granted
The Board has determined that new and relevant evidence has been received to reopen the claim of service connection for COPD. The Veteran's COPD is presumed due to exposure to herbicides, but the evidence does not support a finding that it began during active service or is related to in-service exposure.
- Remanded (sent back)
The Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
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