The Veteran's initial compensable evaluation for asbestos related pleural disease was granted in March 2008. However, the VA examiner noted that the symptoms and recurrent infections were most probably attributable to his tobacco-related chronic obstructive pulmonary disease (COPD) and emphysema. The case is REMANDED due to a conflict between this opinion and a private physician's statement linking COPD to asbestos exposure.
The deciding factor: There is conflicting evidence regarding the cause of the Veteran's respiratory disability, with one examiner attributing it to tobacco-related conditions and another suggesting asbestos exposure contributed to COPD development.
- Claimed conditions
- asbestos related pleural disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 24, 2011
- Citation
- 1131099
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 1131099.
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 two issues related to the Veteran's asbestos-related pleural disease: an initial rating higher than 10 percent and entitlement to a TDIU. The Veteran is required to provide additional information about his employment history and annual salary, and he must undergo a VA examination.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate examination and opinion, and requests that updated treatment records be obtained. The Veteran's respiratory disability is also being reviewed for service connection.
- Dismissed
The Veteran's appeal of a rating in excess of 10 percent for service-connected asbestos related pleural disease has been dismissed due to the death of the Veteran.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate VA opinions and the need for a new opinion from an appropriate clinician with experience in asbestos-related claims.
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