The appeal for an effective date earlier than July 29, 2015, for award of service connection for lumbar spine DJD and left lower extremity radiculopathy is dismissed.,The claim of service connection for calcified pleural plaques, calcified granulomas, and COPD (claimed as lung condition) due to asbestos exposure has been reopened. The appeal is granted to this extent.,Issues regarding PTSD and depression are remanded for further evaluation.,Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is also remanded.
The deciding factor: The Veteran withdrew the issues of effective dates earlier than July 29, 2015, for award of service connection for lumbar spine DJD and left lower extremity radiculopathy at his Board hearing.,New evidence received since a final August 2013 rating decision relates to unestablished facts necessary to substantiate the claim of service connection for calcified pleural plaques, calcified granulomas, and COPD (claimed as lung condition) due to asbestos exposure. The Veteran's contention regarding asbestos exposure is remanded.,The Veteran testified about his experiences in service that may be related to PTSD and depression, including witnessing dead bodies during search and rescue missions. Further evaluation is needed to determine the validity of these claims.,TDIU claim is also remanded as it involves an assessment of the Veteran's employability due to service-connected disabilities.
- Claimed conditions
- lumbar spine degenerative joint disease (DJD), left lower extremity radiculopathy, calcified pleural plaques, calcified granulomas, chronic obstructive pulmonary disease (COPD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 10, 2022
- Citation
- 22045265
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 22045265.
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.
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The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Dismissed
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- Denied
The Board denied service connection for asthma, COPD, pancreatitis, stroke, and left arm weakness (claimed as secondary to stroke) based on the presumption of exposure to contaminated water at Camp Lejeune. The evidence did not support a finding that these conditions were related to service or due to in-service exposure.
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