The Veteran's appeal is being remanded due to deficiencies in the Board's analysis, specifically regarding VA's duty to assist in obtaining in-service hospital records and clarification of a December 2010 VA medical opinion.
The deciding factor: The Board failed to adequately address whether VA had satisfied its duty to assist in obtaining in-service hospital records and did not clarify the December 2010 VA medical opinion regarding the diagnostic methods for asbestosis.
- Claimed conditions
- pulmonary asbestosis, asbestos-related pleural disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 15, 2013
- Citation
- 1305628
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 1305628.
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.
- Granted
The Board has granted service connection for a respiratory disorder, including interstitial lung disease, pulmonary fibrosis, asthma, and pulmonary asbestosis, due to in-service asbestos exposure.
- Dismissed
The Veteran's appeal was dismissed because his representative withdrew the appeal prior to a decision being made.
- Dismissed
The Board dismissed the appeal of a compensable disability rating for pulmonary asbestosis due to a remand in another case, and no new claim was filed between the previous decision and this one.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical evidence to determine the severity of the Veteran's pulmonary asbestosis during the period on appeal, and whether it is possible to separate its effects from his non-service-connected renal cancer with metastasis to the lung.
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