The Board has remanded the case due to insufficient compliance with previous remand directives, and a new VA examination is needed to determine if the Veteran's lung disorders are related to his in-service asbestos exposure.
The deciding factor: The Court found that the prior opinions were insufficient as they did not consider evidence indicating pleural plaques do not increase risk of asbestos-related health problems.
- Claimed conditions
- lung disorder, pulmonary nodules, restrictive lung disease, lung scarring, atelectasis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2023
- Citation
- 23063487
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 23063487.
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.
- Dismissed
The Board dismissed the Veteran's claim for an earlier effective date for his COPD with ILD, specifically bronchiectasis and pulmonary nodules as it is a freestanding claim that cannot be filed after a final decision.
- Granted
The Board has determined that the Veteran's pulmonary nodules are causally related to his active duty military service and grants entitlement to service connection.
- Remanded (sent back)
The Board has decided to remand the case due to a challenge regarding the competency of the VA examiner who provided an opinion on the Veteran's COPD and pulmonary nodules. The Veteran's representative argued that the examiner lacked sufficient training and expertise, necessitating further investigation.
- Granted
The Veteran's lung scarring is rated at 30% and effective from August 9, 2023. The TDIU was granted earlier than April 5, 2011 but the Board denied an earlier effective date.
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