The Veteran's claim for an increased rating for asbestos related pleural plaques (claimed as asbestosis) was denied, and instead a higher rating of 50% for sleep apnea was granted. The decision reflects the severity of the overall disability.
The deciding factor: The Board found that coexisting service-connected respiratory conditions covered by § 4.96(a) cannot be awarded at the same time, thus discontinuing the lower rating for asbestosis and awarding a higher rating for sleep apnea.
- Claimed conditions
- asbestos related pleural plaques (claimed as asbestosis), obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- January 7, 2019
- Citation
- 19101384
Veterans Law Judge
Decisions by this judge: 2,480 · Granted: 26% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19101384.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for obstructive sleep apnea, finding that there is no competent evidence to support a finding that his current condition began in or as a result of service.
- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Denied
The Board denied the Veteran's claims for service connection for obstructive sleep apnea, peripheral neuropathy of the bilateral upper extremities, and peripheral neuropathy of the bilateral lower extremities, finding that there was no evidence linking these conditions to his active service or any related exposure.
- Denied
The Board denied service connection for hypertension and obstructive sleep apnea, finding that the evidence did not support a direct relationship to service or toxic exposure. The Veteran's claims were based on his participation in TERA activities during service.
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