The Veteran's asbestosis has been evaluated at a noncompensable level since February 26, 2014. The VA examiner found that the Veteran’s Forced Vital Capacity and Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method were both above 80 percent of predicted values, which does not meet the criteria for a compensable evaluation under the applicable rating criteria.
The deciding factor: The Veteran's asbestosis did not result in forced vital capacity or diffusion capacity below the threshold required for a compensable evaluation (75-80% of predicted value).
- Claimed conditions
- Asbestosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 0%
- Decision date
- November 13, 2019
- Citation
- 19185621
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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