The Board has decided to remand the case due to insufficient evidence regarding the cause of death and exposure to asbestos during service. The Veteran's cause of death is acute respiratory failure, pleural effusion, and metastatic lung cancer.
The deciding factor: The VA medical expert needs to determine if any of the conditions that contributed to the Veteran's death were caused by his active duty service, including exposure to asbestos.
- Claimed conditions
- Acute respiratory failure, Pleural effusion, Metastatic lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- None in this decision
- Decision date
- December 19, 2020
- Citation
- 20080122
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 the Veteran's cause of death and Dependency and Indemnity Compensation under 38 USC 1318 due to a need for a medical opinion regarding the etiology of the Veteran's causes of death, considering toxic exposure at Camp Lejeune.
- Remanded (sent back)
The Board denied the appellant's claim for entitlement to nonservice-connected (NSC) survivor's pension benefits due to a lack of active service during a period of war. The case was remanded to further investigate potential toxic exposure and obtain additional medical evidence regarding the Veteran's cause of death.
- Denied
The Board denied service connection for the Veteran's cause of death and entitlement to dependency and indemnity compensation (DIC) under 38 U.S.C. § 1318, as there was no evidence that the Veteran's lung cancer was related to his military service or exposure to herbicides.
- Remanded (sent back)
The Board remands the issues of service connection for the cause of the Veteran's death and additional burial benefits due to a need for further development, specifically an opinion on whether the Veteran's metastatic lung cancer was related to in-service asbestos exposure.
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