The Veteran's death is being reviewed for potential service connection, but the VA has not determined if he was exposed to asbestos during his military service. The case is being remanded to gather this information and provide a medical opinion on whether any asbestos exposure played a role in his death.
The deciding factor: The VA needs to determine if the Veteran had asbestos exposure during service before deciding on service connection for the cause of his death.
- Claimed conditions
- lung cancer, pleural effusions, mesothelial cells, pneumonia, chronic obstructive pulmonary disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 15, 2011
- Citation
- 1134550
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 1134550.
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 claim for a higher evaluation of his service-connected chronic fatigue and weakness due to chemotherapy and radiation treatment for lung cancer is granted, with an evaluation of 60 percent.,The Veteran's claim for a compensable rating for residuals of lung cancer from May 1, 2005 is denied.
- Denied
The Veteran's respiratory disability, including asthma and COPD, is denied as service connection is not warranted due to the condition being solely attributed to smoking.
- Dismissed
The Veteran's appeal for a higher rating for right foot disability status post Mitchell's bunionectomy is granted with an effective date of July 25, 2023.,The Veteran's appeal for a higher rating for left foot disability status post Mitchell's bunionectomy is dismissed as it does not meet the criteria for an earlier effective date.
- Denied
The Board denied service connection for asthma, COPD, pancreatitis, stroke, and left arm weakness (claimed as secondary to stroke) based on the presumption of exposure to contaminated water at Camp Lejeune. The evidence did not support a finding that these conditions were related to service or due to in-service exposure.
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