The Board denied service connection for asbestosis and right-sided brain damage, finding no evidence of a nexus between the veteran's current conditions and his period of active duty.
The deciding factor: There was no evidence of asbestos exposure during service or a chronic respiratory disorder at discharge. For the brain damage, there were no records of treatment following the alleged incident in service, and the current condition could not be linked to that event without resorting to speculation.
- Claimed conditions
- asbestosis, right-sided brain damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2008
- Citation
- 0812847
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.
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