The Veteran's lung disability and eye disability claims are being remanded for additional development, including obtaining medical records and a VA examination.
The deciding factor: Additional evidence is needed to determine the nature and etiology of the Veteran's current eye disability(ies) and whether any such disabilities were incurred in service, particularly due to asbestos exposure.
- Claimed conditions
- lung disability, eye disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 19, 2009
- Citation
- 0944132
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 0944132.
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 Veteran's appeals were dismissed due to his death during the appeal process.
- Denied
The Board has denied service connection for headaches, an eye disability, a respiratory disability (including allergic rhinitis and bronchitis), and a skin disability (porphyria cutanea tarda) as there is insufficient evidence to support these claims.
- Denied
The Veteran's claims for service connection for hypertension, gastroesophageal reflux disease (GERD), low back disability, neck (also claimed as upper back) disability, and eye disability are all denied. The Board found no current diagnoses of these conditions during the appeal period.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error, specifically regarding private medical records related to asbestos exposure and lung disability. The Veteran is requested to provide information about his private physician and for VA to obtain relevant records.
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