The veteran's asbestosis was rated at 100 percent, and service connection for a heart disorder/hypertension was denied.
The deciding factor: The preponderance of the medical evidence did not show that the veteran's heart disorder/hypertension was related to military service or a service-connected disability. However, his asbestosis warranted a 100 percent rating due to consistent manifestations of Forced Vital Capacity (FVC) less than 50 percent of the predicted value.
- Claimed conditions
- Heart disorder/hypertension, Asbestosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- January 6, 2009
- Citation
- 0900489
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Granted
The Board granted an effective date of August 26, 2010 for the award of a 30 percent evaluation for COPD, asbestosis, and lung cancer.
- Denied
The Board denied the veteran's claims for an initial compensable disability rating for bilateral hearing loss and an initial disability rating in excess of 10 percent for asbestosis, while remanding a claim for service connection for coronary artery disease.
- Dismissed
The appeal for service connection for chronic fatigue syndrome, sleep disturbance, and compensation under 38 U.S.C. § 1151 for cervical spine nerve damage to include residual surgical scars was dismissed due to a procedural defect in the notice of disagreement. The claim for asbestosis was denied due to lack of evidence supporting a current disability.
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