The Veteran's petition to reopen a claim for service connection for respiratory disability, including as due to asbestos exposure, is granted. The Board has also remanded the case for further development and medical opinions regarding the nature of any respiratory disabilities found during the appeal period.
The deciding factor: The decision was based on new evidence received after the April 2007 rating decision that raised a reasonable possibility of substantiating the claim for service connection for respiratory disability, including as due to asbestos exposure. The case is remanded for further development and medical opinions regarding any respiratory disabilities found during the appeal period.
- Claimed conditions
- respiratory disability, calcified plaque on left hemidiaphragm
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 17, 2019
- Citation
- 19193936
Veterans Law Judge
Decisions by this judge: 2,287 · Granted: 23% (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 19193936.
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 Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Board denied the Veteran's claims for service connection for a right knee disability, restless leg syndrome, and respiratory disability due to lack of evidence showing in-service incurrence or aggravation of these conditions.
- Dismissed
The Veteran withdrew his appeal regarding the claims for service connection for a skin condition, traumatic brain injury, a respiratory disability, bilateral shin splints, and bilateral flatfoot.
- Remanded (sent back)
The Board has remanded the claim of service connection for a respiratory disability, including emphysema and mucus with coughing due to an error in providing notice. The AOJ is instructed to provide the Veteran with notice of his right to a hearing.
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