The Board has remanded the case due to an inadequate VA examination and a need for new evidence. The Veteran's lung diseases, including left pleural effusion and basilar atelectasis, are being reviewed.
The deciding factor: The VA examiner did not consider or discuss the significance of the November 2012 private medical record regarding the Veteran's pleural effusion and atelectasis.
- Claimed conditions
- left pleural effusion, basilar atelectasis
- How they argued it
- Direct service connection
- Exposure basis
- Gulf War
- Rating assigned
- None in this decision
- Decision date
- January 6, 2021
- Citation
- 21000996
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 21000996.
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 pulmonary/respiratory disorder to obtain an adequate VA examination and TERA opinion.
- Granted
The Veteran's claim of service connection for a lung disorder, including calcified right pleural plaque, left pleural effusion, mild subcarinal adenopathy with nodes, chronic obstructive pulmonary disease and pulmonary asbestosis is granted. The issue of whether the Veteran was exposed to asbestos aboard USS Vulcan AR-5 during his service is remanded.
- Denied
The veteran died of a service-connected disability, but the appellant was over the age of 26 at the time of his death and thus is not eligible for Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. Chapter 35.
- Denied
The Board found that the Veteran's respiratory disabilities, including left pleural effusion, benign mesothelial hyperplasia, emphysema, and chronic inflammation and fibrosis, were not incurred or aggravated by service. The Board concluded that these conditions are more likely due to his cardiac surgery in 2007 rather than asbestos or ionizing radiation exposure during active duty.
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