The Board has remanded the claims for service connection for asbestosis, diabetes mellitus type II, and a skin condition due to inadequate reasons or bases in the May 2017 decision. The Veteran's private treatment records indicate diagnoses of asbestosis, but the VA examiner did not address these records directly.
The deciding factor: The Board failed to adequately explain why the evidence was not in equipoise regarding the diagnosis of asbestosis from the Veteran’s private treatment records and whether the benefit of doubt should be applied.
- Claimed conditions
- asbestosis, diabetes mellitus, type II, skin condition
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- November 16, 2020
- Citation
- 20073406
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 claims for service connection for hypertension and diabetes mellitus to obtain further medical opinions regarding their potential relationship to toxic exposures during active service.
- Remanded (sent back)
The Board remands the claims for service connection for right foot, left elbow, left hip, left ankle, and diabetes mellitus to obtain additional medical evidence.
- Denied
The Board denied service connection for a skin condition, finding that the evidence does not support a link between the Veteran's current skin conditions and his military service.
- Partly granted
The veteran's claims for service connection for various conditions were denied, except for tinnitus and bilateral hearing loss disability which were granted. The veteran was also granted service connection for hypertension.
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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.