The veteran's claims for service connection for asbestos related lung disease, compensation under 38 U.S.C. § 1151 for diabetes mellitus, and a total rating for compensation based on individual unemployability (TDIU) are being remanded for additional development.
The deciding factor: Further medical examination is required to clarify the diagnosis of asbestos related lung disease and to determine if there is any connection between the veteran's service and his current condition. Additionally, complete VA treatment records from 2003 need to be obtained to properly evaluate the claim for compensation under 38 U.S.C. § 1151 for diabetes mellitus.
- Claimed conditions
- asbestos related lung disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 8, 2009
- Citation
- 0900800
Veterans Law Judge
Decisions by this judge: 251 · Granted: 25% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0900800.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board dismissed the Veteran's appeal for an earlier effective date for a 100 percent rating for asbestos related lung disease, as this issue was already decided in a previous November 2017 decision.
- Remanded (sent back)
The Veteran's claim for service connection for a lung condition, including COPD, emphysema, and asbestos-related lung disease was denied in September 2005 due to lack of an in-service event and nexus. The claim is reopened as new evidence has been received indicating an in-service injury and a nexus. However, the Veteran's current lung conditions are still not definitively linked to service.
- Granted
The Board has determined that the Veteran's COPD and asbestos related lung disease are related to his in-service exposure, granting service connection for these conditions.
- Granted
The Board has determined that the Veteran's lung cancer and asbestos related lung disease are related to his in-service asbestos exposure, which is considered a direct service connection. The cause of death due to bladder cancer and lung cancer is also being addressed.
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