The Board has remanded the case for further development, including obtaining missing service personnel records and verifying the Veteran's presence on board a ship during his active duty. The VA will also schedule an examination to determine if any diagnosed lung pathology is related to the Veteran's active service or exposure to asbestos.
The deciding factor: The Board found that additional evidence was needed to resolve the issue of whether the Veteran's current lung disability is related to his active service, including exposure to asbestos. The case has been remanded for further development and examination.
- Claimed conditions
- lung condition, bronchogenic carcinoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 23, 2009
- Citation
- 0948236
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 0948236.
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 lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
- Remanded (sent back)
The Veteran's lung condition and obstructive sleep apnea are being remanded for additional development to determine if they are related to service, specifically his in-service pneumonia. The claims will also be reviewed for secondary service connection due to the Veteran's tinnitus and hearing loss.
- Dismissed
The Veteran's claims for service connection have been dismissed due to the death of the Veteran.
- Denied
The Veteran's claim for service connection for non-Hodgkin's lymphoma was denied, and the Board found that no effective date prior to May 30, 2019 is warranted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.