The veteran was granted an effective date of January 2, 1997 for his individual unemployability and a 60 percent evaluation for asbestosis. The decision on the earlier effective date is considered clear and unmistakable error.
The deciding factor: The RO found that the veteran became eligible for individual unemployability on January 2, 1997, which was when he received his 60% rating for asbestosis.
- Claimed conditions
- asbestosis, pulmonary fibrosis
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- Burn pits / airborne hazards
- Rating assigned
- 60%
- Decision date
- September 17, 2002
- Citation
- 0212250
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 0212250.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for pulmonary fibrosis, finding it to be related to the Veteran's exposure to herbicide agents during his service in Vietnam.
- Denied
The Board denied the Veteran's claim for service connection for pulmonary fibrosis, finding no current diagnosis of the condition and that it was not related to his military service or a service-connected disability.
- Remanded (sent back)
The Board remands the claim for a lung condition, to include COPD, asbestosis, and bilateral pleural plaques due to inadequate medical opinions regarding the relationship between the Veteran's service and his current lung condition.
- Remanded (sent back)
The Board remands the claim for service connection of a lung disability, claimed as pulmonary fibrosis, for further development and evidence review.
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