The VA denied an increased rating for the veteran's asbestos pleural disease and partial pneumothorax, right lung, finding that his disability did not warrant a higher evaluation based on the provided medical evidence.
The deciding factor: The VA found that the veteran's respiratory symptoms were no more than moderate in nature, as evidenced by his pulmonary function tests (PFT) results which showed FEV-1 at 100% of predicted and FVC at 102% of predicted. The absence of a DLCO result did not meet the criteria for an increase.
- Claimed conditions
- asbestos pleural disease, partial pneumothorax, right lung
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- May 2, 2002
- Citation
- 0204090
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 0204090.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim to establish service connection for a respiratory disability, including due to in-service asbestos exposure, is being remanded as new and material evidence has been received. The Board finds the issue of service connection reopened but requires further examination to determine if the current respiratory disabilities are related to military service.
- Granted
The Board has granted service connection for a respiratory condition, variously diagnosed as asbestosis and asbestos pleural disease, finding that the evidence is in equipoise as to whether it was caused by in-service exposure to asbestos.
- Granted
The Board has granted service connection for asbestos pleural disease and respiratory disorder (COPD and chronic bronchitis) due to in-service asbestos exposure.
- Denied
The Veteran's claim for an increased rating for service-connected asbestos pleural disease was denied as the Veteran failed to report for a scheduled VA examination.
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