The Board denied service connection for a pulmonary disability, as well as the Veteran's claims for an effective date prior to October 11, 2016 and an increased rating for radiculopathy of the right lower extremity.
The deciding factor: The evidence did not support the presence of a current diagnosis of a pulmonary disability or radiculopathy. The Board found that the Veteran's radiculopathy was primarily manifested by moderate incomplete paralysis, warranting a 20% rating under Diagnostic Code 8520.
- Claimed conditions
- pulmonary disability, asbestosis, bilateral interstitial fibrosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 6, 2020
- Citation
- 20000928
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.
- Remanded (sent back)
The Board remands the claim for a lung condition, to include COPD, asbestosis, and bilateral pleural plaques due to inadequate medical opinions regarding the relationship between the Veteran's service and his current lung condition.
- Denied
The Board denied service connection for prostatitis, HIV, CHF, GERD, herpes, a pulmonary disability, headaches, and type 2 diabetes mellitus as the evidence did not support a finding of a current disability or a nexus to service or a service-connected disability.
- Remanded (sent back)
The Board remands the claims for a VA examination to address service connection and rating issues.
- Granted
The Board granted service connection for asbestosis, finding that the Veteran's exposure to asbestos in service caused his condition.
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