The Board has remanded the Veteran's claim for a respiratory disorder secondary to asbestos exposure due to inadequate examinations and opinions. The case will be returned for further evaluation.
The deciding factor: The VA examinations were found to be inadequate as they did not address the Veteran’s in-service asbestos exposure or provide an opinion on whether his current respiratory disorders are related to service, specifically his claimed asbestosis.
- Claimed conditions
- COPD, asbestos-related pleural disease
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2020
- Citation
- 20066141
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.
- Denied
The Board denied service connection for COPD, finding that the evidence does not support a link between the Veteran's respiratory condition and his military service, including exposure to Agent Orange.
- Denied
The Board denied service connection for various conditions and a TDIU, as the evidence did not support a finding that any of these disabilities were related to the Veteran's military service.
- Granted
The Veteran's COPD precluded him from obtaining and maintaining substantial gainful employment, warranting a Total Disability Rating Based on Individual Unemployability (TDIU).
- Denied
The Board denied an effective date earlier than August 10, 2022, for the grant of a 60 percent rating for sarcoidosis, asthma, chronic bronchitis, and COPD.
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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.