The Board has denied the Veteran's claim for a compensable disability rating for his service-connected asbestosis, finding that the evidence does not support a higher rating due to the severity of his COPD and emphysema.
The deciding factor: The VA examiner attributed the Veteran's decreased pulmonary function to his nonservice-connected COPD and emphysema, rather than his service-connected asbestosis.
- Claimed conditions
- Asbestosis, COPD (Chronic Obstructive Pulmonary Disease), Emphysema
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 14, 2022
- Citation
- A22022887
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 A22022887.
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.
- Granted
The Veteran was granted a TDIU with a September 19, 2024 effective date based on his PTSD, emphysema, and COPD symptoms. His diabetes, tinnitus, and left ear hearing loss were not found to prevent him from securing or following a substantially gainful occupation prior to March 19, 2024.
- 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.
- Denied
The Veteran's cause of death was listed as emphysema, but the Board found no causal connection to service or a service-connected disability. The Veteran did not meet the criteria for DIC benefits under 38 U.S.C. § 1318.
- Granted
The Board has determined that the Veteran's COPD is etiologically related to service exposure to herbicide agents, and thus grants service connection for COPD.
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