The Veteran's asbestosis with obstructive sleep apnea and COPD has been rated at 60 percent, but the Board found that his condition does not warrant a higher rating based on the evidence of record.
The deciding factor: The VA examiner’s findings did not show the Veteran’s disability to be more severe than what is required for a 60% rating under Diagnostic Codes 6604 or 6833, and there was no evidence showing entitlement to a higher rating based on other criteria.
- Claimed conditions
- Asbestosis, Obstructive Sleep Apnea, Chronic Obstructive Pulmonary Disorder (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- January 22, 2020
- Citation
- 20005101
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 an initial compensable evaluation of service-connected COPD to ensure a proper medical examination is conducted.
- 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.
- Denied
The Board denied service connection for various disabilities and denied higher ratings for several service-connected conditions.
- Granted
The Board granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected psychiatric disorders, lumbar and cervical spine disabilities, bilateral radiculopathy of the upper extremities, and bilateral radiculopathy and neuropathy of the lower extremities.
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