The Board has determined that the VA examination and medical opinion provided in conjunction with the August 2022 rating decision were inadequate due to the Veteran's failure to appear for additional testing scheduled three years prior. The Board finds a remand is needed to correct this duty-to-assist error by obtaining a new examination and medical opinion regarding the nature and etiology of the Veteran's lung disability.
The deciding factor: The VA examiner relied on the Veteran's failure to appear for an additional VA examination that was scheduled three years prior, which was unrelated to the claim at issue. The Board finds this reliance inadequate and requires a new examination to address these issues.
- Claimed conditions
- lung disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 11, 2024
- Citation
- A24082760
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 A24082760.
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 has decided to remand the case due to a duty to assist error, specifically regarding private medical records related to asbestos exposure and lung disability. The Veteran is requested to provide information about his private physician and for VA to obtain relevant records.
- Remanded (sent back)
The Board has decided to remand the claims of service connection for diabetes mellitus, type II; a heart disability; hypertension; and a lung disability due to insufficient evidence. The Veteran is currently diagnosed with these conditions and reported symptoms during service.
- Remanded (sent back)
The Veteran's claims for compensation benefits for a lung disability and TDIU are being remanded due to errors in the initial adjudication process.
- Remanded (sent back)
The Veteran's claims for service connection for gout and lung disability have been remanded due to the submission of new evidence that tends to prove or disprove an element at issue. The AOJ will now consider these claims on their merits.
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