The appeal is remanded for a videoconference hearing to be scheduled.
The deciding factor: A remand was required due to the appellant's request for rescheduling of a previously requested personal hearing, as per 38 C.F.R. § 20.904(a)(3).
- Claimed conditions
- asbestosis with pleural plaques
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2009
- Citation
- 0911270
Veterans Law Judge
Decisions by this judge: 1,013 · Granted: 17% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0911270.
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 asbestosis with pleural plaques is currently rated noncompensable. The Board has ordered a remand to obtain additional diagnostic testing, specifically post-bronchodilator and DLCO tests.
- Remanded (sent back)
The Board has remanded the claim of service connection for asbestosis with pleural plaques due to a duty to assist error in the prior decision. The Veteran's lay statements regarding his asbestos exposure are to be considered, and a supplemental opinion is required.
- Remanded (sent back)
The Board has remanded the case due to insufficient consideration of aggravation by service-connected asbestosis with pleural plaques for sleep apnea.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and rating of asbestosis with pleural plaques due to inadequate VA examinations, lack of contemporaneous medical evidence, and conflicting lay testimony. The low back disability claim is also being remanded.
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