The Veteran's surviving spouse indicated within a year of his death that she wished to pursue the claim for an earlier effective date. The Veteran would have prevailed on his claim had he not died, as his May 20, 2003 initial claim was never final and he suffered from pulmonary fibrosis at that time.
The deciding factor: The Veteran's May 2005 request for reconsideration or Notice of Disagreement represented a continuation of his previous claim for service connection for pulmonary fibrosis due to Agent Orange exposure, rather than a new claim for asbestos exposure. The effective date should extend back to the initial claim filed on May 20, 2003.
- Claimed conditions
- pulmonary fibrosis, asbestosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 8, 2011
- Citation
- 1129083
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 1129083.
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.
- Granted
The Veteran's pulmonary fibrosis is related to in-service exposure to herbicide agents, and the Board has granted service connection for this condition.
- Denied
The Board denied the Veteran's claim for service connection for pulmonary fibrosis as there is no evidence of a current diagnosis.
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