The Board denied the claim for service connection for chronic bronchitis because the Veteran lacks a current diagnosis of the condition, despite testimony of breathing difficulties. The Board remanded the emphysema claim to obtain an adequate medical opinion addressing causation, as the prior VA examiner's opinion was based on an inaccurate factual premise regarding the Veteran's smoking history.
The deciding factor: For chronic bronchitis, the first element of service connection (current disability) was not met because the evidence does not show a clinical diagnosis of chronic bronchitis at any time during or prior to the appeal period, despite the Veteran's competent testimony regarding symptoms. For emphysema, remand was necessary because the October 2021 VA examiner's opinion lacked probative value due to factual inaccuracy regarding smoking history and failed to address the nexus between emphysema and the conceded in-service asbestos exposure, constituting a pre-decisional duty to assist error; additionally, a PACT Act opinion was required addressing garrison exposures to asbestos and secondhand smoke.
- Claimed conditions
- chronic bronchitis, emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 21, 2025
- Citation
- A25101512
Veterans Law Judge
Decisions by this judge: 1,772 · Granted: 37% (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 A25101512.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 lack of adequate examination and opinion regarding the Veteran's claimed chronic bronchitis. The Veteran is seeking service connection for this condition, which was denied in an initial decision. The VA examiner did not address the medical record indicating a current diagnosis of chronic bronchitis.
- 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.
- Dismissed
The Board has dismissed the appeals for service connection for depression, Gram Positive Cocci Condition, chronic bronchitis, irritable bowel syndrome, and diseases of Keratinization due to untimely filing of the Decision Review Request.
- Granted
The Board has granted service connection for chronic bronchitis, finding that the Veteran's current condition is related to his active duty service.
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