The Board denied an initial rating in excess of 10 percent for asbestosis and denied a TDIU on an extraschedular basis, finding that the Veteran's service-connected disabilities did not preclude him from securing or following substantially gainful employment.
The deciding factor: The evidence showed that the Veteran’s PFT results were no worse than FVC of 97 percent predicted, or; DLCO of 71 percent predicted. The Board found that these findings did not meet the criteria for higher ratings for asbestosis.
- Claimed conditions
- asbestosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 23, 2020
- Citation
- 20004998
Veterans Law Judge
Decisions by this judge: 1,893 · Granted: 31% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 20004998.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's service-connected disabilities require regular aid and attendance from another person, warranting special monthly compensation (SMC) based on aid and attendance.
- Whole decision: Granted
The Veteran's asbestosis disability is rated at 100% from December 2, 2024 to January 16, 2026. The issue of entitlement to TDIU is dismissed as moot.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for asbestosis with pleural plaques and vascular dementia as secondary to asbestosis with pleural plaques due to a lack of an adequate medical opinion regarding the relationship between the Veteran's conditions and his military service.
- Whole decision: Granted
The Veteran's asbestosis was granted an increased rating of 10 percent, but no higher. Service connection for sleep apnea was denied.
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