The Board denied the veteran's claims for service connection for a bilateral foot disorder and a respiratory disorder, to include as due to asbestos exposure. The decision is considered vacated due to failure to provide due process.
The deciding factor: VA failed to adequately address the adequacy of the VA examination, treatment records, and lay statements in the June 2008 Joint Motion for Remand.
- Claimed conditions
- Bilateral Foot Disorder, Respiratory Disorder (to include as due to asbestos exposure)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 20, 2010
- Citation
- 1002935
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 1002935.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection for OSA and a bilateral foot disorder to obtain additional medical opinions.
- Denied
The Board denied service connection for a neck disorder and a bilateral foot disorder due to the lack of evidence showing current disabilities resulting in functional impairment.
- Denied
The Board denied a rating in excess of 50 percent for PTSD and denied service connection for left, right hip disorders, and a bilateral foot disorder.
- Remanded (sent back)
The Board has remanded the claims for service connection due to incomplete development, including obtaining a VA podiatrist's opinion regarding the Veteran's foot disabilities and whether they are related to service. The low back disability claim is also deferred until any relevant opinions on the foot disabilities are obtained.
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.