The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the veteran's current lung disorder is related to his service exposure to asbestos.
The deciding factor: The VA examiner's opinion that a nexus between the veteran's current disability and his inservice asbestos exposure is not at least as likely as not is undermined by the specialist's diagnosis of asbestosis with emphysema. New medical evidence has been added to the record since the VA examination was provided.
- Claimed conditions
- lung disorder, asbestosis
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- March 29, 2006
- Citation
- 0609026
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.
- Dismissed
The appeal was dismissed due to a claims processing error, as there was no adjudicative determination from which the Veteran could file a notice of disagreement.
- Remanded (sent back)
The Board remands the claim for a lung condition, to include COPD, asbestosis, and bilateral pleural plaques due to inadequate medical opinions regarding the relationship between the Veteran's service and his current lung condition.
- Remanded (sent back)
The Board remands the claims for a VA examination to address service connection and rating issues.
- Granted
The Board granted service connection for asbestosis, finding that the Veteran's exposure to asbestos in service caused his condition.
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