The Board remands the claims for service connection for COPD, Parkinson's disease, and peripheral neuropathy of all extremities to schedule examinations to determine if there is a relationship between these conditions and the Veteran's presumed exposure to herbicides during his service in Vietnam.
The deciding factor: The current disability element of the claims has not been fully addressed as the Veteran's symptoms may overlap across multiple claims, and an opinion consistent with the holding of Saunders v. Wilkie - that symptoms resulting in functional impairment of earning capacity can satisfy the current disability element of a claim - has yet to be obtained.
- Claimed conditions
- Chronic obstructive pulmonary disease (COPD), Enlarged lymph nodes in the lungs, Shortness of breath, Parkinson's disease, Peripheral neuropathy of the right upper extremity, Peripheral neuropathy of the left upper extremity, Peripheral neuropathy of the right lower extremity, Peripheral neuropathy of the left lower extremity
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- May 13, 2025
- Citation
- 25006477
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.
- Partly granted
The Board granted a disability rating of 50 percent for the Veteran's left shoulder disability and service connection for peripheral neuropathy of the left upper extremity, both secondary to his service-connected left shoulder disability.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Denied
The appeal for service connection for PTSD was dismissed, and the claims for a compensable rating for the lower back scar, service connection for COPD, and peripheral artery disease were denied.
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