The Board remands the appeal to correct pre-decisional duty to assist errors and to satisfy any statutory or regulatory duty that could aid in substantiating the claim, specifically related to asbestos exposure under the PACT Act.
The deciding factor: Remand is necessary for development of evidence regarding the Veteran's potential TERA-related asbestos exposure during service and its possible connection to his cause of death.
- Claimed conditions
- cardiopulmonary arrest, respiratory failure, chronic obstructive pulmonary disease
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2025
- Citation
- A25052228
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.
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The Board granted service connection for gastroesophageal reflux disease, obstructive sleep apnea, and chronic obstructive pulmonary disease but denied service connection for irritable bowel syndrome. The Board also denied an increased rating for the Veteran's service-connected psychiatric condition.
- Remanded (sent back)
The Board remands the claim for a medical opinion on whether the Veteran's acute hypoxemia, respiratory failure, and pneumonia were related to service or toxic exposure under the PACT Act.
- Partly granted
The Board granted restoration of the 10 percent evaluation for left knee meniscus, effective April 21, 2025, and an additional 20 percent rating was also granted.
- Granted
The Board granted an increased (Level 2) stipend in the PCAFC for the Veteran's caregiver due to the need for continuous supervision and protection based on the Veteran's medical conditions.
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