The Board has found that the VA examination conducted in July 2019 was inadequate and remanded for a new examination. The Veteran's representative argues that the August 2020 VA examination is also incomplete due to COVID-19, leading to an insufficient evaluation of his asbestosis condition.
The deciding factor: The Board found there has not been substantial compliance with previous remand directives regarding the issue on appeal due to exceptional circumstances presented by the COVID-19 pandemic.
- Claimed conditions
- asbestosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 1, 2020
- Citation
- 20076328
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 20076328.
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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