The Board has remanded the case due to failure to comply with a previous directive regarding exposure to asbestos and lead during service. The Veteran's MOS was as an operations specialist and anti-submarine air controller, and he reported exposure to lead paint, floor tiling disturbances, and removing and replacing lagging around pipes on bulkheads and in berthing areas.
The deciding factor: The RO failed to contact the appropriate agency for a determination regarding the likely level of exposure to asbestos and lead given the Veteran's MOS and listed duties and activities indicated in his service personnel records.
- Claimed conditions
- respiratory disorder, rhinitis, sinusitis, nasal polyps, blood disorder, leukocytosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2022
- Citation
- 22071791
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 22071791.
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.
- Denied
The Veteran's rhinitis and gastric ulcer with hiatal hernia were evaluated, but the Board found that neither condition warranted a higher rating.,For rhinitis, the evidence did not show greater than 50 percent obstruction of both nasal passages or complete obstruction on one side. For gastric ulcer with hiatal hernia, symptoms were described as infrequent and mild.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and has ordered the case back to the AOJ for proper notice regarding the Veteran's right to a hearing.
- Remanded (sent back)
The Veteran's initial claim for an increased rating for sinusitis is being remanded due to a failure by the AOJ to provide proper notice of his right to a hearing.
- Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
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