The Board has reopened the Veteran's claims for service connection for a lumbar spine disability and hepatitis C, but has remanded his claim for service connection for a respiratory disability due to asbestos exposure.
The deciding factor: New evidence received since the prior final denial is material as it relates to an unestablished fact necessary to substantiate the claims of service connection for these conditions.
- Claimed conditions
- Lumbar Spine Disability, Respiratory Disability (due to asbestos exposure)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 28, 2023
- Citation
- 23062691
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 23062691.
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 a total disability rating based upon individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's appeal for a higher rating for his lumbar spine disability, both before and after November 8, 2024.
- Denied
The Board denied service connection for a bilateral hearing loss disability, psychiatric disorder, lumbar spine disability, hypertension, and obstructive sleep apnea (OSA) as the evidence did not support a finding that these conditions were related to the Veteran's military service.
- Denied
The Board denied initial disability ratings in excess of 70 percent for PTSD, 10 percent for bilateral hearing loss, and 30 percent for COPD with asthma. The claims for service connection for various disabilities were remanded.
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