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
Veterans Law Judge
Decisions by this judge: 734 · Granted: 9% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0605207.
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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 hypertension, left knee patellofemoral syndrome, and right knee patellofemoral syndrome have been granted service connection as secondary to his service-connected disabilities. The lumbar spine disability has also been granted but the effective date is not specified.
- 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.
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