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.
- Granted
The Veteran's TBI alone rendered him unable to secure or follow a substantially gainful occupation, and he is eligible for SMC at the housebound rate due to his single total disability rating with additional disabilities rated at least 60 percent.
- Dismissed
The appeal for an initial compensable disability rating for service-connected hearing loss is dismissed. An initial 30 percent disability rating for asbestosis is granted.
- Dismissed
The Veteran's appeal for an earlier effective date for a 100% disability rating for service-connected interstitial lung disease (ILD) and asbestosis has been dismissed due to the appellant's withdrawal of the appeal.
- Denied
The Veteran's asbestosis is rated at 10 percent, and the Board found that a higher rating is not warranted based on post-bronchodilator FVC scores.
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