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
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 remands the matter of entitlement to service connection for a chronic respiratory disorder due to inadequate VA opinions and failure to substantially comply with previous remand instructions.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions to correct pre-decisional duty to assist errors.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinion regarding whether the Veteran's chronic respiratory disorder is related to service, specifically his treatment for bronchitis during service.
- Denied
The Board denied the Veteran's claim for service connection for a chronic respiratory disorder, including pulmonary fibrosis, finding that there was no causal relationship between his current condition and his military service. The appeal is based on exposure to ionizing radiation during Operation HARDTACK I, but the dose assessment provided by DTRA did not support the conclusion of radiation-induced pulmonary fibrosis.
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