The Board has dismissed the veteran's appeal for service connection for asbestosis, lung, and breathing problems to include as due to radiation and asbestos exposure. The veteran's hearing loss is granted as a result of aggravation during service.
The deciding factor: The VA examiner indicated that the veteran's hearing loss was related to noise exposure in service, even with the use of hearing protection.
- Claimed conditions
- asbestosis, lung, breathing problems
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 28, 2006
- Citation
- 0630436
Veterans Law Judge
Decisions by this judge: 832 · Granted: 18% (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 0630436.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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.
- Remanded (sent back)
The Board has remanded the case due to a duty-to-assist error in the March 2025 VA medical opinion, which did not consider the Veteran's theory of entitlement regarding his obstructive sleep apnea (OSA). The claim for service connection for breathing problems is denied. The claim for service connection for OSA is remanded.
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