The Board has determined that the Veteran's respiratory disabilities, including emphysema and COPD, do not warrant a disability rating in excess of 10 percent prior to July 24, 2019. The restoration of a 100 percent disability rating for lung cancer effective July 1, 2020 is granted. However, the Board has also determined that there was an error in discontinuing the 100 percent rating and remands are necessary to provide a VA examination as required by the regulations.
The deciding factor: The AOJ failed to conduct a VA examination within six months of cessation of medical treatment for lung cancer, which is required by the regulations.
- Claimed conditions
- Emphysema, Chronic Bronchitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 4, 2026
- Citation
- A26010302
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 A26010302.
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 Veteran's claim for separate ratings for chronic bronchitis and obstructive sleep apnea is denied as the disabilities are rated under different diagnostic codes and cannot be combined.
- Granted
The Veteran's asthma with chronic bronchitis is rated at a 30 percent rating, effective from the date of this decision.
- Granted
The Veteran was granted a TDIU with a September 19, 2024 effective date based on his PTSD, emphysema, and COPD symptoms. His diabetes, tinnitus, and left ear hearing loss were not found to prevent him from securing or following a substantially gainful occupation prior to March 19, 2024.
- Granted
The Board has determined that the Veteran's COPD is etiologically related to service exposure to herbicide agents, and thus grants service connection for COPD.
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