The Veteran's claim for higher ratings for his asbestos related lung disease, including COPD and pleural plaques, is denied as the evidence does not meet the criteria for a rating in excess of 60 percent since May 8, 2009.
The deciding factor: The evidence shows that the Veteran has had an FEV-1/FVC ratio of at least 69% and FEV-1 of 46% predicted since May 8, 2009. This does not meet the criteria for a higher rating as per VA's rating schedule.
- Claimed conditions
- Asbestos related lung disease, COPD (Chronic Obstructive Pulmonary Disease), Pleural plaques
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- February 15, 2012
- Citation
- 1205794
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 1205794.
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.
- Denied
The Board denied the appeal because the Appellant did not file a timely substantive appeal after receiving the SOC, and there was no evidence of circumstances warranting equitable tolling.
- Denied
The Board denied the Veteran's claim for an increased disability rating in excess of 10 percent for his service-connected bilateral pleural scar with obstructive and restrictive pulmonary disease, COPD and chronic bronchitis.
- Denied
The Board denied service connection for chronic bronchitis, COPD, and emphysema but granted a 10 percent rating for hypertension.
- Remanded (sent back)
The Board remands the claims for service connection and an increased rating for the Veteran's respiratory conditions, including chronic sinusitis, chronic bronchitis, COPD, shortness of breath, and allergic rhinitis, to correct pre-decisional duty to assist errors.
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