The Veteran's appeal of a rating in excess of 10 percent for service-connected asbestos related pleural disease has been dismissed due to the death of the Veteran.
The deciding factor: The Veteran died during the pendency of his appeal, making it impossible for the Board to adjudicate the merits of the claim.
- Claimed conditions
- asbestos related pleural disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 28, 2022
- Citation
- 22043121
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 22043121.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded two issues related to the Veteran's asbestos-related pleural disease: an initial rating higher than 10 percent and entitlement to a TDIU. The Veteran is required to provide additional information about his employment history and annual salary, and he must undergo a VA examination.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate examination and opinion, and requests that updated treatment records be obtained. The Veteran's respiratory disability is also being reviewed for service connection.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate VA opinions and the need for a new opinion from an appropriate clinician with experience in asbestos-related claims.
- Remanded (sent back)
The Veteran's claims for service connection are remanded due to the need for additional development, including medical examinations and evidence collection.
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