The Veteran's claims for service connection and increased ratings are denied. The Veteran has been granted service connection for tinnitus, but the maximum disability rating is already assigned.
The deciding factor: The medical evidence does not support a current asbestos-related disorder or any other chronic condition related to in-service exposure to asbestos. The Veteran's tinnitus is currently rated at its highest possible level under VA regulations.
- Claimed conditions
- asbestos exposure-related disorder, memory loss, migraine headaches, lumbar spine degenerative disc disease with intervertebral disc syndrome and right lower extremity radiculopathy, right shoulder impingement syndrome, residuals of a right wrist sprain with degenerative disease of the right hand, cervical spine degenerative disc disease, residuals of an inferior fracture of the right pelvis, left knee laxity status post meniscectomy, residuals of recurrent right ankle sprains, right knee disability, status post meniscectomy, degenerative joint disease of the right first metatarsal, bilateral hearing loss, right hip cyst
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 22, 2010
- Citation
- 1043729
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 1043729.
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.
- Dismissed
The Veteran's appeal for service connection of bilateral hearing loss and a ruptured right ear drum was dismissed due to the death of the Veteran.
- Denied
The Board found that the Veteran's bilateral hearing loss was noted upon entry into active duty service and did not increase in severity during service. Therefore, it denied his claim for service connection.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
- Remanded (sent back)
The Board has remanded the claims for bilateral hearing loss, migraine headaches, and PTSD due to additional development of records and examination.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.