The Veteran's initial compensable disability rating for asbestosis with pleural plaques was granted from November 23, 1993 to May 20, 1998. From May 21, 1998 to November 7, 2002, he received a 10 percent disability rating for this condition. The claim for an increased rating beyond the initial 10 percent was denied.
The deciding factor: The VA examinations conducted during the appeal period did not include post-bronchodilator studies as required by the applicable regulations, which affected the evaluation of the Veteran's lung function and his maximum exercise capacity due to asbestosis with pleural plaques. The examiner provided FVC and DLCO findings but failed to provide a comprehensive assessment including the necessary information for rating purposes.
- Claimed conditions
- Asbestosis with pleural plaques
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 8, 2013
- Citation
- 1300734
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 1300734.
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.
- Partly granted
The Veteran's service-connected insomnia disorder was granted a rating of 70 percent, but no higher, from July 14, 2022. The claims for increased ratings for bilateral sensorineural hearing loss and tinnitus were denied, as was the claim for TDIU in excess of 10 percent. Asbestosis with pleural plaques was remanded.
- Granted
The Board has determined that the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected psychiatric disability, and therefore grants TDIU with a rating of 70% for depressive disorder.
- Granted
The Veteran's asbestosis with pleural plaques was rated at 30 percent from November 8, 2002 to April 7, 2013. From February 7, 2013 to April 7, 2013, the disability rating increased to 60 percent.
- Denied
The Veteran's initial compensable disability rating for asbestosis with pleural plaques from November 23, 1993 to October 6, 1996 was denied. A 10 percent disability rating was granted for the period from October 7, 1996 to May 20, 1998. The claim for increased ratings since November 8, 2002 remains pending.
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