The veteran's initial claim for an increased evaluation of his anxiety disorder with depression was denied. The VA determined that the veteran did not meet the criteria for a higher rating based on his service-connected asbestosis and spontaneous pneumothorax, which were evaluated under direct service connection.
The deciding factor: The VA found that the veteran's symptoms related to his anxiety disorder with depression did not warrant an evaluation in excess of 70 percent.
- Claimed conditions
- Asbestosis, Anxiety Disorder with Depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 6, 2005
- Citation
- 0533046
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. Search VA.gov for the original decision (opens in a new tab) using citation 0533046.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's TBI alone rendered him unable to secure or follow a substantially gainful occupation, and he is eligible for SMC at the housebound rate due to his single total disability rating with additional disabilities rated at least 60 percent.
- Whole decision: Dismissed
The appeal for an initial compensable disability rating for service-connected hearing loss is dismissed. An initial 30 percent disability rating for asbestosis is granted.
- Whole decision: Dismissed
The Veteran's appeal for an earlier effective date for a 100% disability rating for service-connected interstitial lung disease (ILD) and asbestosis has been dismissed due to the appellant's withdrawal of the appeal.
- Whole decision: Denied
The Veteran's asbestosis is rated at 10 percent, and the Board found that a higher rating is not warranted based on post-bronchodilator FVC scores.
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