The Board remands the claims for service connection for emphysema and interstitial lung disease to correct an error in satisfying a statutory duty regarding notice of the right to a hearing before VA issues notice of a decision on an initial or supplemental claim.
The deciding factor: Remand is necessary due to the failure to provide proper notice of the Veteran's right to request and participate in a pre-decisional hearing as required by 38 C.F.R. § 3.103(d)(1).
- Claimed conditions
- emphysema, interstitial lung disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 26, 2025
- Citation
- A25055311
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 denied service connection for Parkinson's disease, emphysema, muscle cramps, bilateral shoulder disability, and neck disability. However, it granted service connection for peripheral vascular disease and asthma.
- Denied
The Board denied service connection for COPD, emphysema, a chest wall condition, PTSD, adjustment disorder with mixed anxiety and depressed mood, chronic, a low back condition, TBI, and a chest tumor.
- Denied
The Board denied the Veteran's petitions to readjudicate claims for service connection for bradycardia, diabetes mellitus, hypertension, emphysema, hypothyroidism, polypectomy, prostate cancer, and rheumatoid arthritis as new and relevant evidence was not received. The claim for an acquired psychiatric disability is remanded.
- Dismissed
The appeal was dismissed due to the Veteran's death during its pendency.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.