The Board remands the issue of entitlement to service connection for lung disease, to include as due to asbestos exposure, for further development and a new VA examination.
The deciding factor: Remand is necessary to ensure compliance with the Court's order regarding the duty to assist and substantial compliance with previous remand instructions.
- Claimed conditions
- lung disease
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 7, 2022
- Citation
- 22000975
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 Board granted service connection for lung disease, resolving reasonable doubt in favor of the Veteran due to his conceded toxic exposure.
- Remanded (sent back)
The Board remanded the veteran's claims for an increased disability rating for asthma and entitlement to TDIU. The Board will consider additional evidence submitted by the Veteran or representative at the hearing or within 90 days following the hearing.
- Remanded (sent back)
The Board remanded the claims for service connection for bladder cancer and lung disease to correct errors in assessing toxic exposures during service.
- Dismissed
The Board has dismissed all service connection claims because the Veteran passed away during the appeal process.
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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.