The Veteran's breathing problems, diagnosed as restrictive defect, are found to be secondary to her service-connected PTSD with binge eating disorder. The Board also finds that the evidence does not support a current diagnosis of asbestosis.
The deciding factor: The VA examiner did not opine on whether the Veteran’s current diagnosis of restrictive disease was incurred in or related to service, but found it most likely explained by her obesity due to PTSD with binge eating disorder. The preponderance of evidence is against finding asbestosis as a current disability.
- Claimed conditions
- Breathing problems, diagnosed as restrictive disease, NOS, Asbestosis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 8, 2019
- Citation
- 19125955
Veterans Law Judge
Decisions by this judge: 2,421 · Granted: 29% (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 19125955.
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.
- Granted
The Veteran's TBI alone rendered him unable to secure or follow a substantially gainful occupation, and he is eligible for SMC at the housebound rate due to his single total disability rating with additional disabilities rated at least 60 percent.
- Dismissed
The appeal for an initial compensable disability rating for service-connected hearing loss is dismissed. An initial 30 percent disability rating for asbestosis is granted.
- Dismissed
The Veteran's appeal for an earlier effective date for a 100% disability rating for service-connected interstitial lung disease (ILD) and asbestosis has been dismissed due to the appellant's withdrawal of the appeal.
- Denied
The Veteran's asbestosis is rated at 10 percent, and the Board found that a higher rating is not warranted based on post-bronchodilator FVC scores.
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