The Veteran's claims for service connection for bilateral hearing loss and tinnitus have been dismissed due to lack of appeal. The Board has granted a 60 percent disability rating for asbestosis, effective from July 21, 2015, and denied an increased rating for ischemic heart disease.
The deciding factor: The Veteran's PFTs consistently showed FVC between 50 to 64 percent predicted and DLCO between 40 and 55 percent predicted throughout the appeal period, which is more nearly approximating the criteria for a 60 percent disability rating for asbestosis.
- Claimed conditions
- Asbestosis, Ischemic Heart Disease (IHD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- September 29, 2020
- Citation
- 20063736
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. Look up the original decision on VA.gov (opens in a new tab) using citation 20063736.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims of service connection for a heart disability and hypertension due to pre-decisional duty-to-assist errors. The AOJ is required to obtain addendum medical opinions regarding toxic exposure risk activities (TERA).
- Granted
The Veteran's TBI alone rendered him unable to secure or follow a substantially gainful occupation, and he is eligible for SMC at the housebound rate due to his single total disability rating with additional disabilities rated at least 60 percent.
- Dismissed
The appeal for an initial compensable disability rating for service-connected hearing loss is dismissed. An initial 30 percent disability rating for asbestosis is granted.
- Granted
The Board has restored service connection for Ischemic Heart Disease, Squamous Cell Carcinoma, Diabetes Mellitus type II, Chronic Kidney Disease, Diabetic Peripheral Neuropathy of the lower left extremity sciatic nerve, Diabetic Peripheral Neuropathy of the lower right extremity sciatic nerve, and Hypertension. The Board found that the original grant of service connection was not clearly erroneous due to the Veteran's exposure along the DMZ in Korea.
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