The Board has denied the appeal for an initial compensable schedular rating but has considered a request for extraschedular consideration, which is REMANDED to the RO.
The deciding factor: The Veteran's disability picture does not meet the criteria for submission for an extraschedular evaluation as his symptoms are adequately described by the current rating schedule.
- Claimed conditions
- Asbestos-related pulmonary disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 7, 2010
- Citation
- 1013153
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 1013153.
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 Board has remanded the issue due to inadequate medical opinions regarding whether the Veteran's service-connected asbestos-related pulmonary disease contributed substantially or materially to his death from cardiac dysrhythmia, hypertension, arteriosclerosis, diabetes mellitus, and prostate cancer.
- Denied
The Veteran's death was not caused by his service-connected conditions, and the criteria for DIC benefits under 38 U.S.C. § 1318 were not met.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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