The Veteran's claim for an increased rating for asbestosis prior to April 27, 2018 was denied. The Board found that the evidence did not show impairment more nearly approximating the criteria for a higher disability rating. For the period of service connection prior to April 27, 2018, the Veteran's asbestosis manifested with FVC and DLCO results between 69-88 percent predicted without cor pulmonale or pulmonary hypertension. The claim for bilateral hearing loss was denied because there is no evidence of a current disability meeting VA criteria. The TDIU claim prior to April 27, 2018 was granted as the Veteran's service-connected asbestosis precluded him from obtaining and maintaining substantially gainful employment.
The deciding factor: The medical evidence did not show impairment more nearly approximating the criteria for a higher disability rating for asbestosis. The Veteran’s FVC and DLCO results were between 69-88 percent predicted without cor pulmonale or pulmonary hypertension, which does not meet the criteria for a higher disability rating.
- Claimed conditions
- asbestosis, bilateral hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- November 3, 2020
- Citation
- 20070912
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 20070912.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Veteran withdrew the appeals for service connection for bilateral pes planus, obstructive sleep apnea, bilateral hearing loss, tinnitus, and chronic obstructive pulmonary disease (COPD).
- Denied
The Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Denied
The Board denied the veteran's claims for increased ratings and service connection for a bilateral hearing loss disability, as the evidence did not support higher ratings or service connection.
- Granted
The Board granted service connection for bilateral hearing loss, finding it at least as likely as not related to the Veteran's in-service noise exposure.
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