The Board has determined that the VA examiner's opinion is inadequate and remands the case for another examination to determine if the Veteran has a current diagnosis of asbestosis or other respiratory/pulmonary disability, and whether it is at least as likely as not related to service.
The deciding factor: The previous examination was found to be inadequate due to inconsistencies in the report and failure to consider relevant VA treatment records and private medical evidence.
- Claimed conditions
- asbestosis, other diagnosed respiratory or pulmonary disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- November 6, 2019
- Citation
- 19184006
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.
- Remanded (sent back)
The Board remands the claim for a lung condition, to include COPD, asbestosis, and bilateral pleural plaques due to inadequate medical opinions regarding the relationship between the Veteran's service and his current lung condition.
- Remanded (sent back)
The Board remands the claims for a VA examination to address service connection and rating issues.
- Granted
The Board granted service connection for asbestosis, finding that the Veteran's exposure to asbestos in service caused his condition.
- Partly granted
The Board denied a disability evaluation in excess of 30 percent for asbestosis and remanded the claim for service connection for obstructive sleep apnea (OSA). An increased rating to 60 percent was granted effective April 10, 2025.
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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.