The Veteran's appeal is remanded to consider his claim for a total disability rating based on individual unemployability (TDIU) from March 11, 2020. The AOJ needs to issue another Supplemental Statement of the Case addressing this period.
The deciding factor: The Board notes that the July 2020 remand asked for information about the Veteran's employment history and he did not respond. The appeal is being remanded to address his TDIU claim from March 11, 2020.
- Claimed conditions
- mesothelioma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 1, 2023
- Citation
- 23025011
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 23025011.
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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