The Veteran's claim of service connection for a lung condition, claimed as asbestosis, is being remanded due to the unavailability of his service treatment records and the need for further examination.
The deciding factor: Service treatment records are unavailable and a new VA examination is required to determine if any current lung disorder arose during service or is related to asbestos exposure in service.
- Claimed conditions
- lung condition, claimed as asbestosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 24, 2010
- Citation
- 1036085
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 1036085.
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.
- Dismissed
The Board dismissed the Veteran's appeals for service connection for various conditions due to untimely filing of the December 2024 VA Form 10182.
- Denied
The Board denied service connection for various conditions and a higher disability rating for PTSD, as the evidence did not support the presence of current disabilities or a nexus to service.
- Denied
The Board denied the Veteran's claim for service connection for a lung condition, finding that the evidence does not support a nexus between the Veteran's lung condition and his military service.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions as a pre-decisional duty to assist error was found, specifically regarding notice and examination.
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