The Board remands the claim for service connection for the cause of the Veteran's death to ensure that the Appellant is properly notified and that a TERA examination is conducted.
The deciding factor: The AOJ failed to make a finding regarding whether the Appellant is considered the surviving spouse, which is a threshold element in this matter. Additionally, there was a duty to assist error due to the failure to obtain medical opinions considering the Veteran's exposure to herbicide agents.
- Claimed conditions
- COPD
- How they argued it
- Direct service connection
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- May 5, 2025
- Citation
- A25040795
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 service connection for COPD, finding that the evidence does not support a link between the Veteran's respiratory condition and his military service, including exposure to Agent Orange.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Granted
The Veteran's COPD precluded him from obtaining and maintaining substantial gainful employment, warranting a Total Disability Rating Based on Individual Unemployability (TDIU).
- Denied
The Board denied an effective date earlier than August 10, 2022, for the grant of a 60 percent rating for sarcoidosis, asthma, chronic bronchitis, and COPD.
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