The Board has ordered a remand to obtain medical opinions regarding the Veteran's lung disorders and their relationship to his military service, specifically asbestos exposure. The appeal is currently in remand status.
The deciding factor: The VA examiner did not provide an opinion as to whether the diagnosed lung disorders are at least as likely as not caused by the Veteran's active duty which entailed asbestos exposure or has continued since service.
- Claimed conditions
- asbestosis, chronic obstructive pulmonary disease, emphysema, pulmonary nodule
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 3, 2012
- Citation
- 1234441
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 1234441.
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.
- Remanded (sent back)
The Veteran's lung condition, including pneumonia residuals, COPD, and emphysema, is remanded for further examination to determine if they are related to his military service. The appeal is reopened based on new evidence.
- Granted
The Veteran's service-connected disabilities require regular aid and attendance from another person, warranting special monthly compensation (SMC) based on aid and attendance.
- Granted
The Veteran's asbestosis disability is rated at 100% from December 2, 2024 to January 16, 2026. The issue of entitlement to TDIU is dismissed as moot.
- Dismissed
The appeal seeking readjudication of the previously denied claim for PTSD and multiple other conditions is dismissed due to a procedural defect. The Veteran's authorized representative at the time the appeal was submitted did not have the authority to file the appeal.
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