The Board denied the veteran's request for an earlier effective date for the grant of service connection for asbestos pleural disease, finding that May 29, 1997 was the correct effective date.
The deciding factor: The statements submitted by the veteran and his representative on May 29, 1997 did not constitute a Notice of Disagreement with the May 1996 rating decision denying service connection for a lung disorder.
- Claimed conditions
- asbestos pleural disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 10, 2002
- Citation
- 0204383
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 0204383.
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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