The Board has determined that the required development for a claim based on asbestos exposure has not been accomplished and is remanding the case to obtain such information.
The deciding factor: The VA must analyze the appellant's claim of service connection for the cause of the Veteran's death under administrative protocols using the criteria provided in M21-1MR, Part IV, Subpart ii, Chap. 1, Sec. H, Para. 29 and M21-1MR, Part IV, Subpart ii, Chap. 2, Sec. C, Para. 9.
- Claimed conditions
- malignant mesothelioma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 7, 2011
- Citation
- 1100794
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. Read the original VA decision (opens in a new tab) using citation 1100794.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
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 case due to insufficient evidence regarding the Veteran's exposure to asbestos during service and the relationship between his mesothelioma and service.
- Dismissed
The Veteran's claims for service connection have been dismissed due to his death. The claim for malignant mesothelioma has been remanded.
- Granted
The Board has determined that the Veteran's malignant mesothelioma is at least as likely as not related to his in-service exposure to asbestos, and thus service connection for this condition is granted.
- Remanded (sent back)
The Board has remanded the case due to pending issues and potential service connection for malignant mesothelioma, which is inextricably intertwined with the total disability evaluation based on individual unemployability. The Veteran's claim of entitlement to a total disability rating based on individual unemployability must be deferred until these issues are resolved.
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.