The Board has remanded the claim of service connection for asbestosis with pleural plaques due to a duty to assist error in the prior decision. The Veteran's lay statements regarding his asbestos exposure are to be considered, and a supplemental opinion is required.
The deciding factor: The Board found that the May 2022 VA examiner did not consider the Veteran's lay testimony about his asbestos exposure during service versus after service.
- Claimed conditions
- asbestosis with pleural plaques
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2023
- Citation
- A23036353
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 A23036353.
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.
- Remanded (sent back)
The Veteran's asbestosis with pleural plaques is currently rated noncompensable. The Board has ordered a remand to obtain additional diagnostic testing, specifically post-bronchodilator and DLCO tests.
- Remanded (sent back)
The Board has remanded the case due to insufficient consideration of aggravation by service-connected asbestosis with pleural plaques for sleep apnea.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and rating of asbestosis with pleural plaques due to inadequate VA examinations, lack of contemporaneous medical evidence, and conflicting lay testimony. The low back disability claim is also being remanded.
- Remanded (sent back)
The Board has remanded the claims for additional development due to outstanding private treatment records and medical opinions.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.