The Veteran's service-connected asbestosis was found to be as likely as not manifested by Forced Vital Capacity of 50 to 64 percent of predicted value between January 1, 2007, and September 28, 2009, warranting a 60% rating.
The deciding factor: The Veteran's pre-bronchodilator FVC was found to be 26 percent of predicted value, which falls within the requirements for a 100% evaluation. However, due to the inconsistency with previous findings and the need for outpatient or oxygen therapy, a 60% rating is granted.
- Claimed conditions
- asbestosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- November 18, 2010
- Citation
- 1043369
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 1043369.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities require regular aid and attendance from another person, warranting special monthly compensation (SMC) based on aid and attendance.
- Granted
The Veteran's asbestosis disability is rated at 100% from December 2, 2024 to January 16, 2026. The issue of entitlement to TDIU is dismissed as moot.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for asbestosis with pleural plaques and vascular dementia as secondary to asbestosis with pleural plaques due to a lack of an adequate medical opinion regarding the relationship between the Veteran's conditions and his military service.
- Granted
The Veteran's asbestosis was granted an increased rating of 10 percent, but no higher. Service connection for sleep apnea was denied.
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