The Board has decided to remand the case due to duty-to-assist errors and the need for a new opinion regarding the etiology of the Veteran's lung conditions.
The deciding factor: There were identified duty-to-assist errors at the November 2024 VA contract examination, which required additional development including a new examination.
- Claimed conditions
- lung condition, pulmonary nodule, shortness of breath
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2026
- Citation
- A26002161
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 A26002161.
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.
- 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.
- Dismissed
The Veteran's appeals for service connection on four different conditions have been dismissed due to the death of the Veteran during the appeal process.
- Granted
The Veteran's shortness of breath and Hodgkin's lymphoma are granted service connection, but his non-Hodgkin's lymphoma and acquired psychiatric disorder are denied.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.