The Board has remanded the claims for a compensable rating for asbestosis and service connection for an allergy disability, claimed secondary to the service-connected asbestosis due to insufficient development of evidence regarding whether the Veteran's non-service-connected condition of allergies is caused or aggravated by his service-connected asbestosis.
The deciding factor: The Board found that remand was necessary because the Board failed to provide an adequate statement of reasons or bases for whether the Veteran's non-service-connected condition of allergies is caused or aggravated by his service-connected asbestosis, and also due to the need for a new examination based on the Veteran's assertion of worsening of his asbestosis since the January 2019 VA examination.
- Claimed conditions
- Asbestosis, Allergy disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 2, 2023
- Citation
- 23059390
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 23059390.
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 service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Granted
The Board granted an effective date of August 26, 2010 for the award of a 30 percent evaluation for COPD, asbestosis, and lung cancer.
- Denied
The Board denied the veteran's claims for an initial compensable disability rating for bilateral hearing loss and an initial disability rating in excess of 10 percent for asbestosis, while remanding a claim for service connection for coronary artery disease.
- Denied
The Board denied an initial rating in excess of 10 percent for radiculopathy of the left lower extremity and a compensable rating for asbestosis.
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