The Veteran's claim for a disability rating in excess of 30 percent for his asbestos exposure with pulmonary disease was denied due to failure to report for VA examinations. The claim for TDIU was also denied as the Veteran did not meet the schedular criteria and there were no circumstances outside the norm that would justify a total rating based on unemployability.
The deciding factor: The Veteran failed to attend scheduled VA examinations, which resulted in denial of his claims due to lack of evidence supporting his disability ratings.
- Claimed conditions
- residuals of asbestos exposure with pulmonary disease, neck condition, upper back pain, patellofemoral syndrome of the right knee, gastroenteritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- June 11, 2019
- Citation
- 19145108
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 the veteran's claims for service connection, higher ratings, and earlier effective dates, as well as dismissed his claim for a TDIU.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including a back condition, right and left lower extremity sciatic nerve radiculopathy, neck condition, upper extremity radiculopathy, bilateral flatfoot, right foot plantar fasciitis, and right ankle pain, as the current evidence is inadequate to make a decision.
- Partly granted
The Board granted service connection for a back condition, neck condition, bilateral hearing loss, and an acquired psychiatric disorder, to include insomnia disorder. The claims for the remaining conditions were remanded.
- Partly granted
The Board granted service connection for migraine headaches as secondary to the Veteran's asthma with sinusitis, but denied service connection for a low back sprain and plantar fasciitis. The claim for a neck condition was dismissed.
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