The Board has decided to remand the Veteran's claims for COPD and PTSD, as well as his acquired psychiatric disorder claim due to a duty-to-assist error in the March 2021 VA examination. The Veteran needs an adequate VA examination and opinion regarding the etiology of his COPD and his acquired psychiatric disorders.
The deciding factor: The Board found that the March 2021 VA examination was inadequate for adjudication purposes, particularly regarding the Veteran's exposure to dust and asbestos during service, as well as disciplinary actions in military records which may indicate a pre-service onset of his psychiatric condition.
- Claimed conditions
- COPD, Post-Traumatic Stress Disorder (PTSD), Acquired Psychiatric Disorder (to include PTSD and Schizophrenia)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2024
- Citation
- A24074756
Veterans Law Judge
Decisions by this judge: 835 · Granted: 22% (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 A24074756.
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.
- Denied
The Veteran's claim for an effective date prior to December 27, 2019 for the grant of service connection for PTSD was denied as there is no earlier claim document in the claims file and the Veteran did not timely perfect an appeal.
- 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.
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