The Board has decided to remand the case due to inadequate medical opinion and failure to address post-service employment exposure.
The deciding factor: The decision was based on an inadequate VA examination that did not sufficiently explain the significance of in-service asbestos exposure compared to post-service employment exposure.
- Claimed conditions
- lung transplant residuals, status post asbestosis, lung disease, pulmonary fibrosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 6, 2023
- Citation
- 23026778
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 23026778.
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 Board denied the Veteran's claim for service connection for pulmonary fibrosis as there is no evidence of a current diagnosis.
- Granted
The Veteran's pulmonary fibrosis is related to in-service exposure to herbicide agents, and the Board has granted service connection for this condition.
- Dismissed
The Board dismissed the claims for increased ratings for lung disease and residuals of esophageal cancer as moot because the Veteran was already in receipt of the highest possible ratings for these conditions, which are in effect for the entirety of the appeal period. The claim for special monthly compensation (SMC) at a higher level based on need for aid and assistance due to the Veteran's condition prior to his passing is granted.
- Remanded (sent back)
The Board has decided to remand the case due to duty-to-assist errors, including obtaining signed consent forms and an adequate medical opinion regarding the Veteran's lung complications.
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