Remanded (sent back)PACT Act
The Board remanded the claim for service connection of COPD due to a lack of medical evidence linking the condition to in-service exposures. The Veteran will receive a new TERA memorandum, VA examination, and any outstanding private treatment records.
The deciding factor: The Board found that the AOJ committed a pre-decisional duty-to-assist error by relying on an outdated TERA memorandum and not providing medical authorizations for private treatment records.
- Claimed conditions
- chronic obstructive pulmonary disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 22, 2025
- Citation
- A25005630
Want to see how appeals like this one tend to go? Appeals like mine
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