The Board has remanded the case due to insufficient evidence regarding the Veteran's mesothelioma and asbestos exposure, requiring further development including obtaining private medical records and a VA examination.
The deciding factor: The claim for service connection is based on direct evidence rather than any presumptive conditions associated with Agent Orange or other exposures.
- Claimed conditions
- mesothelioma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 18, 2023
- Citation
- 23016820
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 23016820.
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 mesothelioma was rated at a noncompensable level from November 21, 2019 to December 26, 2020. The Board has now granted a 30 percent rating for this period.
- Dismissed
The Board has dismissed the appeals regarding various conditions, including hypertension and sleep apnea. The Veteran's appeal for service connection on all other issues is also dismissed.
- Remanded (sent back)
The Board has remanded the case due to duty-to-assist errors and insufficient opinions regarding the etiology of the Veteran's COPD and shortness of breath. The VA is required to obtain and associate outstanding treatment records, and provide a new medical opinion on the etiology of the respiratory condition.
- Denied
The Board denied the Veteran's claim for service connection for lung condition, to include asthma, COPD, emphysema, asbestosis, and mesothelioma.
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