The Board has decided to remand the Veteran's claim for service connection for asbestosis and asbestos-related diseases due to the need for additional development, including a VA examination.
The deciding factor: VA must analyze the Veteran's claim under administrative protocols using criteria related to military records of exposure in service and evidence of occupational or other exposure. The manual provisions acknowledge that inhalation of asbestos fibers can result in various lung diseases and cancer, with asbestosis being the most common resulting disease. VA must determine whether there is a relationship between the Veteran's service and his current condition.
- Claimed conditions
- Asbestosis, asbestos related diseases
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 20, 2010
- Citation
- 1035620
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 1035620.
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.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Granted
The Board granted an effective date of August 26, 2010 for the award of a 30 percent evaluation for COPD, asbestosis, and lung cancer.
- Denied
The Board denied the veteran's claims for an initial compensable disability rating for bilateral hearing loss and an initial disability rating in excess of 10 percent for asbestosis, while remanding a claim for service connection for coronary artery disease.
- Denied
The Board denied an initial rating in excess of 10 percent for radiculopathy of the left lower extremity and a compensable rating for asbestosis.
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.