The Board found that the Veteran's respiratory disability did not warrant a rating in excess of 60 percent prior to April 1, 2008, and that the reduction from 60 percent to noncompensable was proper. The Board also determined that there was no evidence supporting service connection for COPD.
The deciding factor: The decision was based on the lack of medical evidence showing a rating higher than 60 percent prior to April 1, 2008, and the appropriateness of the reduction due to the Veteran's other nonservice-connected respiratory conditions.
- Claimed conditions
- bilateral pleural plaques due to asbestos exposure, chronic obstructive pulmonary disorder (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 24, 2009
- Citation
- 0906753
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.
- Denied
The Board denied service connection for cervical dysplasia, tension headaches, and chronic obstructive pulmonary disorder (COPD), and denied increased ratings for right elbow flexion, supination and pronation, extension, and scars. The Board also remanded claims for fibromyalgia, chronic fatigue syndrome, and irritable bowel syndrome.
- Remanded (sent back)
The Board remands the claims for service connection for chronic obstructive pulmonary disorder (COPD), emphysema, and left shoulder degenerative arthritis to correct a pre-decisional duty to assist error and to satisfy a regulatory or statutory duty that may aid in substantiating the Veteran's claims.
- Remanded (sent back)
The Board remands the claim for service connection for breathing impairment to include COPD and emphysema, secondary to asbestos exposure, due to a pre-decisional duty to assist error.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending before the Board of Veterans' Appeals.
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