The Board has remanded the case due to a pre-decisional duty to assist error regarding the adequacy of the March 2024 VA examination and the need for clarification on why DLCO testing was not completed.
The deciding factor: The March 2024 VA examination report did not include DLCO (SB) test findings, which are required by regulation for evaluating respiratory conditions. The examiner's indication that DLCO testing was 'not indicated' without further explanation constituted a pre-decisional duty to assist error.
- Claimed conditions
- asbestos-related lung disease, bilateral calcified pleural plaques
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2026
- Citation
- A26037445
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 A26037445.
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 asbestos-related lung disease, including a right lower lobe pulmonary nodule, is found to be at least as likely as not the result of service. Service connection for this condition is granted.
- Denied
The Veteran's service-connected asbestosis was not manifested by a forced vital capacity (FVC) of 80 percent or worse, nor a DLCO (SB) of 80 percent or worse. Therefore, the claim for an increase in disability rating is denied.
- Granted
The Board has granted service connection for asbestos-related lung disease and COPD, as well as vasovagal syncope, both of which are linked to the Veteran's in-service exposure to asbestos. The decision is based on direct service connection.
- Remanded (sent back)
The Board has remanded the case due to unclear post-service asbestos exposure history and a need for an opinion on the etiology of the Veteran's lung condition.
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