The Board has determined that the appellant's appeal for service connection for cause of the Veteran's death and nonservice-connected pension benefits must be remanded due to errors in duty to assist. The AOJ is instructed to obtain medical opinions regarding the relationship between the Veteran's fatal conditions and his active duty, including any exposure to asbestos.
The deciding factor: The Board found that there were pre-decisional errors in the duty to assist which require further development of the record.
- Claimed conditions
- asbestosis, acquired psychiatric disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 25, 2021
- Citation
- A21017177
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 A21017177.
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.
- Granted
The Veteran's service-connected disabilities require regular aid and attendance from another person, warranting special monthly compensation (SMC) based on aid and attendance.
- Granted
The Veteran's asbestosis disability is rated at 100% from December 2, 2024 to January 16, 2026. The issue of entitlement to TDIU is dismissed as moot.
- Denied
The Veteran's claims for service connection for various conditions, including a left wrist fracture, bilateral hearing loss, Type II diabetes, bilateral glaucoma, OSA, cervical disc herniation, and other musculoskeletal issues are denied.,Service connection is not established for any of the claimed conditions.
- Granted
The Board has granted the Veteran's claim for service connection for his acquired psychiatric disability, finding that it is at least as likely as not due to or the result of his other service-connected disabilities.
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