The Veteran's asbestosis has resulted in FVC and DLCO results greater than 80% predicted throughout the appeal period, preventing a higher rating.
The deciding factor: The preponderance of evidence shows that the Veteran’s asbestosis does not meet the criteria for a compensable disability rating under VA regulations.
- Claimed conditions
- Asbestosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- March 1, 2019
- Citation
- 19115541
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 19115541.
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 service connection for asbestosis, bronchitis, chronic obstructive pulmonary disease (COPD), rhinitis, sinusitis, and asthma. The Veteran's bilateral hearing loss was also denied a compensable rating.
- Granted
The Board granted an effective date of August 26, 2010 for the award of a 30 percent evaluation for COPD, asbestosis, and lung cancer.
- Denied
The Board denied the veteran's claims for an initial compensable disability rating for bilateral hearing loss and an initial disability rating in excess of 10 percent for asbestosis, while remanding a claim for service connection for coronary artery disease.
- Dismissed
The appeal for service connection for chronic fatigue syndrome, sleep disturbance, and compensation under 38 U.S.C. § 1151 for cervical spine nerve damage to include residual surgical scars was dismissed due to a procedural defect in the notice of disagreement. The claim for asbestosis was denied due to lack of evidence supporting a current disability.
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