The veteran's claim for service connection for asbestosis was denied in April 1995. The appellant, his surviving spouse, submitted an application for accrued benefits on February 4, 1998, and the RO granted service connection for asbestosis as a direct benefit effective from August 22, 1997.
The deciding factor: The veteran did not timely appeal the April 1995 denial of his claim for service connection for asbestosis, making that decision final. The appellant's application for accrued benefits was granted in February 1998 with an effective date of August 22, 1997.
- Claimed conditions
- asbestosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- December 3, 2002
- Citation
- 0217403
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 0217403.
What this means for you
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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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for asbestosis with pleural plaques and vascular dementia as secondary to asbestosis with pleural plaques due to a lack of an adequate medical opinion regarding the relationship between the Veteran's conditions and his military service.
- Granted
The Veteran's asbestosis was granted an increased rating of 10 percent, but no higher. Service connection for sleep apnea was denied.
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