The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine if the Veteran has an asbestos-related disease, including asbestosis, related to in-service exposure. The Veteran's lay statements regarding exposure while onboard a ship have been considered.
The deciding factor: The May 2002 VA examination report was inadequate due to lack of review of relevant medical records and findings from a private physician who diagnosed the Veteran with pulmonary asbestosis based on his history of asbestos exposure. The Board found that additional development is needed, including obtaining VA treatment records and scheduling an examination.
- Claimed conditions
- asbestosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2010
- Citation
- 1016029
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 1016029.
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 remands the claim for a lung condition, to include COPD, asbestosis, and bilateral pleural plaques due to inadequate medical opinions regarding the relationship between the Veteran's service and his current lung condition.
- Remanded (sent back)
The Board remands the claims for a VA examination to address service connection and rating issues.
- Granted
The Board granted service connection for asbestosis, finding that the Veteran's exposure to asbestos in service caused his condition.
- Partly granted
The Board denied a disability evaluation in excess of 30 percent for asbestosis and remanded the claim for service connection for obstructive sleep apnea (OSA). An increased rating to 60 percent was granted effective April 10, 2025.
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