The Board has remanded the Veteran's claims of service connection for emphysema as secondary to his service-connected asbestosis and for an initial compensable rating for his asbestosis due to inadequate VA examinations and opinions.
The deciding factor: The VA examinations were not adequate in addressing the etiology of the Veteran’s conditions and the severity of his respiratory disorders, necessitating further evaluations.
- Claimed conditions
- emphysema, asbestosis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 28, 2019
- Citation
- A19002308
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.
- Partly granted
The Board denied service connection for Parkinson's disease, emphysema, muscle cramps, bilateral shoulder disability, and neck disability. However, it granted service connection for peripheral vascular disease and asthma.
- Denied
The Board denied service connection for COPD, emphysema, a chest wall condition, PTSD, adjustment disorder with mixed anxiety and depressed mood, chronic, a low back condition, TBI, and a chest tumor.
- Remanded (sent back)
The Board remands the claim for a lung condition, to include COPD, asbestosis, and bilateral pleural plaques due to inadequate medical opinions regarding the relationship between the Veteran's service and his current lung condition.
- Denied
The Board denied the Veteran's petitions to readjudicate claims for service connection for bradycardia, diabetes mellitus, hypertension, emphysema, hypothyroidism, polypectomy, prostate cancer, and rheumatoid arthritis as new and relevant evidence was not received. The claim for an acquired psychiatric disability is remanded.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.