The Board has reopened the claim for service connection for asbestosis and granted it. The mental health claim is remanded due to outstanding records.
The deciding factor: There are outstanding medical records, including those from in-service mental health treatment and post-service SSA disability benefits, which need to be obtained and evaluated before a determination can be made on the psychiatric disorder claim.
- Claimed conditions
- asbestosis, depressive disorder, generalized anxiety
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 2, 2023
- Citation
- 23012833
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 23012833.
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 vascular headaches are granted effective August 22, 2011. A TDIU is granted effective February 11, 2015. SMC based on housebound criteria is denied prior to July 14, 2020.
- Granted
The Board has restored the Veteran's 100% rating for depressive disorder, effective August 1, 2020, as the reduction was improper and did not comply with applicable regulations.
- 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.
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