The Veteran's claim for increased evaluations for his pulmonary asbestosis and bilateral pleural plaques was denied by the Board. The evidence did not meet the criteria for a higher evaluation under the applicable rating schedule.
The deciding factor: The objective medical evidence did not show that the Veteran's FVC or DLCO-SB measurements met the criteria for a higher disability rating, thus his claim was denied as there were no exceptional circumstances which would warrant an extraschedular rating.
- Claimed conditions
- pulmonary asbestosis, bilateral pleural plaques
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- April 7, 2010
- Citation
- 1013244
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 1013244.
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.
- Granted
The Board has granted service connection for a respiratory disorder, including interstitial lung disease, pulmonary fibrosis, asthma, and pulmonary asbestosis, due to in-service asbestos exposure.
- Dismissed
The Veteran's appeal was dismissed because his representative withdrew the appeal prior to a decision being made.
- 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.
- Dismissed
The appeal for a higher disability rating was dismissed because the January 2024 rating decision implemented a previous Board decision and is not appealable. The Veteran will receive a separate decision regarding their September 2024 VA Form 10182.
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