The Board denied service connection for asbestosis and granted a higher rating of 40 percent for degenerative disc disease of the lumbar spine, effective from July 9, 2004.
The deciding factor: The VA medical records showed complaints of back pain and limited range of motion. The veteran was diagnosed with degenerative disc disease of the lumbar spine, which led to a higher rating being granted based on his symptoms and examination findings.
- Claimed conditions
- asbestosis, degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 23, 2006
- Citation
- 0605207
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 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 claims for a VA examination to address service connection and rating issues.
- Granted
The Board granted service connection for asbestosis, finding that the Veteran's exposure to asbestos in service caused his condition.
- Partly granted
The Board granted service connection for GERD, left wrist sprain, right knee strain, and degenerative disc disease of the lumbar spine. The claim for an increased rating for generalized anxiety disorder with depressive disorder was denied.
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