The Board remands the claims for a lung condition and low back condition to ensure compliance with the statutory duty to obtain a TERA opinion in accordance with the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxins Act of 2022 (PACT Act) and to provide an appropriate VA examination.
The deciding factor: Remand is required due to potential toxic exposure during service and failure to provide a VA examination for both conditions, which may have a reasonable possibility of aiding in substantiating the claims.
- Claimed conditions
- low back condition, lung condition
- How they argued it
- Not specified
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- February 10, 2025
- Citation
- A25012130
Veterans Law Judge
Decisions by this judge: 910 · Granted: 31% (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 A25012130.
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 Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
- Granted
The Board has granted the Veteran's claim for service connection of his low back condition, finding that it is related to his military service.
- Remanded (sent back)
The Veteran's lung condition and obstructive sleep apnea are being remanded for additional development to determine if they are related to service, specifically his in-service pneumonia. The claims will also be reviewed for secondary service connection due to the Veteran's tinnitus and hearing loss.
- Granted
The Board has granted service connection for a neck condition and a low back condition, finding that the Veteran's current diagnoses are related to his military service.
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