The Board found that the Veteran's appeal was timely filed and that the reduction in his disability rating for pleural disease from 60 percent to 30 percent, effective February 1, 2013, was not proper. The decision also noted that discontinuation of TDIU and DEA benefits was not proper.
The deciding factor: The Veteran's appeal was timely filed despite the initial delay in receiving the SOC at his old address. The reduction from 60 percent to 30 percent was found improper due to lack of evidence showing actual improvement in ability to function under ordinary conditions of life and work, which is required for a rating reduction.
- Claimed conditions
- pleural disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 11, 2016
- Citation
- 1601021
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 1601021.
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 granted the Veteran's claim for service connection for a pulmonary disorder, diagnosed as interstitial fibrosis, pleural disease, and asbestosis. The evidence supports that these conditions are related to the Veteran's military service.
- Granted
The Veteran's pleural disease and COPD are granted as service-connected due to in-service asbestos exposure. The hypertension claim is remanded for a TERA examination, and the TDIU issue is also remanded.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's exposure to asbestos during service and the relationship between his pleural disease and military service.
- Remanded (sent back)
The Board has remanded the case due to insufficient verification of asbestos exposure during the Veteran's service. The AOJ is required to verify any potential exposure and provide a summary or memorandum based on verified information from official sources.
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