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.
- Granted
The Veteran's TBI alone rendered him unable to secure or follow a substantially gainful occupation, and he is eligible for SMC at the housebound rate due to his single total disability rating with additional disabilities rated at least 60 percent.
- Dismissed
The appeal for an initial compensable disability rating for service-connected hearing loss is dismissed. An initial 30 percent disability rating for asbestosis is granted.
- Dismissed
The Veteran's appeal for an earlier effective date for a 100% disability rating for service-connected interstitial lung disease (ILD) and asbestosis has been dismissed due to the appellant's withdrawal of the appeal.
- Denied
The Veteran's asbestosis is rated at 10 percent, and the Board found that a higher rating is not warranted based on post-bronchodilator FVC scores.
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