The Board denied the veteran's claim for an effective date earlier than December 8, 2003, for a 100 percent rating for asbestosis due to the lack of entitlement to such a rating at the time his original claim was received.
The deciding factor: The medical evidence did not show that the veteran met the criteria for a 100 percent rating until after March 2004, when he underwent an examination demonstrating that his asbestosis warranted such a rating. The effective date is therefore denied as it would be earlier than the date entitlement arose.
- Claimed conditions
- asbestosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- October 19, 2006
- Citation
- 0632562
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 0632562.
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 denied a disability evaluation in excess of 30 percent for asbestosis and remanded the claim for service connection for obstructive sleep apnea (OSA). An increased rating to 60 percent was granted effective April 10, 2025.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.