The Board has remanded the case for a VA internist to provide an opinion on whether the cause of the Veteran's death was related to service, including due to in-service exposure to asbestos. The appellant's representative argued that PTSD aggravated the Veteran's disability and contributed to his death.
The deciding factor: A VA internist must review the claims file, including the April 2008 positive opinion from Dr. S.U.G., and provide an opinion with a supportive rationale regarding whether the cause of the Veteran's death was related to service, specifically due to in-service exposure to asbestos.
- Claimed conditions
- asystole, renal failure, lung cancer, ischemic leg, chronic obstructive pulmonary disease, deep vein thrombosis
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- September 11, 2012
- Citation
- 1231207
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 1231207.
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.
- Remanded (sent back)
The Board has decided to remand the case due to a need for further evaluation of the Veteran's lung cancer and its relationship to service, including any in-service granuloma.
- Dismissed
The Board has vacated its decisions granting service connection for lung cancer and remanding issues of tinnitus and TDIU, but the Veteran's death means these appeals are dismissed.
- Dismissed
The appeal has been dismissed due to the Veteran's death during the pendency of the appeal.
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