The Veteran's asbestosis is currently rated at 60 percent, and the evidence does not support a higher rating.
The deciding factor: The medical evidence did not show any of the criteria for a higher rating (forced vital capacity less than 50% predicted, diffusion capacity of the lung for carbon monoxide by the single breath method less than 50% predicted, maximum exercise capacity less than 15 ml/kg in oxygen consumption with cardiorespiratory limitation, cor pulmonale or pulmonary hypertension, or outpatient oxygen therapy).
- Claimed conditions
- Asbestosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- November 1, 2019
- Citation
- 19182864
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.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.