The Board has reopened the claim of entitlement to service connection for a respiratory disorder to include as due to asbestos exposure, but has remanded it for further development and an examination.
The deciding factor: New evidence received since the January 2007 rating decision relates to an unestablished fact necessary to reopen the claim (a link between current respiratory diagnoses and in-service environmental working conditions).
- Claimed conditions
- respiratory disorder, pneumoconiosis, chronic obstructive pulmonary disease, asbestosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 29, 2019
- Citation
- 19133202
Veterans Law Judge
Decisions by this judge: 1,987 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19133202.
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 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.
- Remanded (sent back)
The Board has determined that the claims for service connection must be remanded due to inadequate examinations and opinions. The Veteran's skin disorder, respiratory disorder, Crohn's disease, eye disorder, and migraines are all being reviewed again with new medical evaluations.
- Denied
The Board denied a compensable evaluation for the Veteran's pneumoconiosis during the period on appeal, finding that his Forced Vital Capacity (FVC) did not meet the criteria for a compensable rating.
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