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.
- 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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