The Board has remanded the case due to missing VA medical treatment records and inextricably intertwined issues of TDIU. The Veteran's service-connected asbestosis with COPD is the basis for both increased rating and TDIU claims.
The deciding factor: The decision was remanded due to incomplete evidence, specifically missing VA medical treatment records from January 2019, which were referenced in the March 2019 rating decision. The issues of increased evaluation and TDIU are intertwined as the Veteran is already receiving a 100% disability rating for his service-connected condition.
- Claimed conditions
- asbestosis with COPD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2019
- Citation
- 19181218
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.
- Partly granted
The appeal was denied a higher rating for asbestosis with COPD, but granted a TDIU on an extraschedular basis effective July 1, 2014.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.