The Board has granted a TDIU for the period from September 27, 2013 through July 30, 2015 due to service-connected asbestosis with COPD. The issue of a TDIU from July 31, 2015 is dismissed because the Veteran's respiratory disability alone rendered him unemployable.
The deciding factor: The Veteran's service-connected asbestosis with COPD precluded all substantially gainful employment for which his education and occupational experience would have otherwise qualified him during the period from September 27, 2013 through July 30, 2015.
- Claimed conditions
- asbestosis with COPD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- September 27, 2022
- Citation
- 22055143
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 22055143.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The appeal was denied a higher rating for asbestosis with COPD, but granted a TDIU on an extraschedular basis effective July 1, 2014.
- Remanded (sent back)
The Board has remanded the case due to missing VA medical treatment records and inextricably intertwined issues of TDIU. The Veteran's service-connected asbestosis with COPD is the basis for both increased rating and TDIU claims.
- Remanded (sent back)
The Board has remanded the case due to procedural issues related to the reduction in disability rating from 30% to noncompensable for asbestosis with COPD. The Veteran was not provided proper consideration of the relevant regulations governing rating reductions.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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