The Board has remanded the case due to errors in obtaining necessary medical opinions and VA treatment records, as well as potential exposure to burn pits during service. The Veteran's respiratory disabilities are presumed related to his service in Southwest Asia under the PACT Act.
The deciding factor: There is insufficient evidence to establish a direct nexus between the Veteran's respiratory disabilities and his military service without considering potential burn pit exposure.
- Claimed conditions
- Restrictive Lung Disease, COPD, Asthma
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- November 5, 2024
- Citation
- A24071937
Veterans Law Judge
Decisions by this judge: 2,592 · Granted: 19% (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 A24071937.
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.
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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.
- Denied
The Veteran's asthma is currently rated as 10 percent disabling, and the Board finds that this rating adequately compensates his service-connected condition.
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