The Board has determined that the initial grant of service connection for asbestosis was not based on clear and unmistakable error, but a recharacterization to pleural effusion without evidence of asbestosis led to a reduction in rating. The Veteran's original 30% rating is restored.
The deciding factor: The Board found no clear and unmistakable error in the initial grant of service connection for asbestosis, leading to its restoration with a 30% disability rating.
- Claimed conditions
- asbestosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 25, 2022
- Citation
- A22021505
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 A22021505.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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.
- 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.
- Partly granted
The Board denied a disability evaluation in excess of 30 percent for asbestosis and remanded the claim for service connection for obstructive sleep apnea (OSA). An increased rating to 60 percent was granted effective April 10, 2025.
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