The Board has determined that there is equipoise of evidence regarding whether the Veteran's current chronic respiratory disorder is due to his active service, including in-service asbestos exposure. Therefore, the claim for service connection is granted.
The deciding factor: The medical evidence and opinions are clear on several points: the Veteran suffered from respiratory illnesses during service and was exposed to asbestos and grinding in-service, but he also smoked for several decades. The question of whether a portion of his current respiratory problems stem from his active service is at least in equipoise.
- Claimed conditions
- chronic respiratory disorder, asbestosis with pleural thickening and scarring of the lungs
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2019
- Citation
- 19175850
Veterans Law Judge
Decisions by this judge: 2,548 · Granted: 31% (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 19175850.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection are remanded due to pre-decisional duty to assist errors, specifically regarding examinations and opinions related to his claimed conditions.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the cause of his chronic respiratory disorder and obstructive sleep apnea. The AOJ must provide VA examinations to determine these issues.
- Remanded (sent back)
The Veteran's claim for service connection for a chronic respiratory disorder is being remanded due to the need for additional medical opinions and records.
- Dismissed
The Veteran's appeals for service connection were dismissed as he withdrew his claims. The Board found no current disabilities relevant to the testicle and gastric disorders, thus denying these claims.
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