The Board has remanded the case due to insufficient evidence regarding the Veteran's mesothelioma and its relation to service, including asbestos exposure.
The deciding factor: The VA examiner is needed to determine if any diagnosed respiratory disability is at least as likely as not related to an in-service injury or event, including asbestos exposure.
- Claimed conditions
- mesothelioma, nodules in the lower lungs, chronic chest pain, abdominal pain, dyspnea, productive cough
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2019
- Citation
- 19145525
Veterans Law Judge
Decisions by this judge: 1,726 · Granted: 19% (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 19145525.
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.
- Dismissed
The appeal for service connection for dyspnea is dismissed. Service connection for OSA is granted, and increased ratings are denied for PTSD with MDD and GAD as well as left and right leg radiculopathy.
- Dismissed
Your claim for service connection for your AICD and associated dyspnea has been granted in full, but the appeal is dismissed as moot since a decision was already made.
- Remanded (sent back)
The Board has found that the Veteran does not have a current respiratory disability other than sleep apnea. The claims for abdominal pain, type I diabetes, peripheral neuropathy of the upper and lower extremities, and an immune disorder are remanded due to a duty to assist error.
- Remanded (sent back)
The Veteran's claims for service connection for chronic cough, fatigue, chest pain, and dizzy spells are being remanded due to a duty to assist error. The Board finds that the Veteran should have been afforded an examination to determine if these conditions are related to his service-connected esophageal cancer.
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