The Veteran's service-connected asbestos-related lung disease did not meet the criteria for a compensable rating prior to January 9, 2008 and was only rated at 10 percent subsequent to that date.
The deciding factor: The FVC and DLCO scores were within normal limits or above the threshold required for a compensable rating throughout the appeal period.
- Claimed conditions
- Asbestos-related lung disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 8, 2011
- Citation
- 1141430
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 1141430.
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 determined that the Veteran's asbestos-related lung disease, which was incurred in service, contributed to his death and is therefore service-connected for the cause of his death.
- Granted
The Veteran's service-connected asbestos-related lung disease has rendered him unable to obtain or maintain substantially gainful employment since November 2, 2006. The Board granted TDIU on an extraschedular basis effective as of that date.
- Denied
The Board denied service connection for obstructive sleep apnea and granted a 60 percent rating for asbestos-related lung disease. A total disability rating based on individual unemployability was also granted.
- Denied
The Veteran's asbestos related lung disease has not been rated higher than 30 percent prior to November 3, 2010.,From November 3, 2010 to September 17, 2013, the Veteran is entitled to a rating of at least 30 percent for his asbestos related lung disease.
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.