The Board remands the claim for service connection for pulmonary fibrosis due to a pre-decisional failure of the duty to assist based on an inadequate examination.
The deciding factor: The examiner's opinion was considered non-probative because it relied on unsupported assertions about the lack of association between burn pit exposure and pulmonary fibrosis, despite regulatory presumptions for Persian Gulf Veterans.
- Claimed conditions
- pulmonary fibrosis
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- October 28, 2024
- Citation
- A24069039
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.
- Granted
The Board granted service connection for pulmonary fibrosis, finding it to be related to the Veteran's exposure to herbicide agents during his service in Vietnam.
- Remanded (sent back)
The Board remands the claim for service connection of a lung disability, claimed as pulmonary fibrosis, for further development and evidence review.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that the evidence did not support a conclusion that his service-connected conditions prevented him from securing or following substantially gainful employment.
- Remanded (sent back)
The Board remands the claims for service connection for 12 respiratory conditions due to a need for additional medical evidence and examinations.
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