The Veteran's claims for service connection for bilateral hearing loss and a bilateral knee disability have been reopened, but the issues of lung cancer due to asbestos exposure are denied.,The Veteran's claim for non-service-connected pension benefits has been withdrawn.
The deciding factor: The evidence submitted since the final denial does not establish a new or material fact necessary to substantiate the claims. The Veteran's lung cancer is not service connected as there is no probative medical evidence indicating it was due to asbestos exposure during service.
- Claimed conditions
- bilateral hearing loss, bilateral knee disability, lung cancer
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 12, 2019
- Citation
- 19145648
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 Board granted service connection for the cause of the Veteran's death, finding that his lung cancer was related to his service-connected melanoma.
- Remanded (sent back)
The Board remands the service connection claim for a bilateral knee disability to correct a pre-decisional duty to assist error, including scheduling an additional VA examination.
- Dismissed
The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
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