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 Veteran's service-connected disabilities require regular aid and attendance from another person, warranting special monthly compensation (SMC) based on aid and attendance.
- Granted
The Veteran's asbestosis disability is rated at 100% from December 2, 2024 to January 16, 2026. The issue of entitlement to TDIU is dismissed as moot.
- Granted
The Veteran's pulmonary fibrosis is related to in-service exposure to herbicide agents, and the Board has granted service connection for this condition.
- Denied
The Board denied the Veteran's claim for service connection for pulmonary fibrosis as there is no evidence of a current diagnosis.
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