The Veteran's claim for an increased initial disability rating of asbestosis prior to May 31, 2017 was denied. The Board found that the evidence did not support a higher rating and that the Veteran's symptoms were adequately addressed by the current 10 percent rating.
The deciding factor: The VA examiner stated that the DLCO test most accurately reflected the Veteran's level of disability for asbestosis, and provided sound medical rationale for using this test result over PFT results. The evidence did not show an FVC or exercise capacity limitation warranting a higher rating.
- Claimed conditions
- Asbestosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 15, 2022
- Citation
- 22063823
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. Read the original VA decision (opens in a new tab) using citation 22063823.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: Dismissed
The Veteran's appeal for an earlier effective date for a 100% disability rating for service-connected interstitial lung disease (ILD) and asbestosis has been dismissed due to the appellant's withdrawal of the appeal.
- Whole decision: Denied
The Veteran's asbestosis is rated at 10 percent, and the Board found that a higher rating is not warranted based on post-bronchodilator FVC scores.
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