The Board denied a rating in excess of 50 percent for asbestosis with obstructive sleep apnea, granted a 40 percent rating for lumbar spine disability, and denied ratings in excess of 10 percent for right and left knee disabilities, but granted a 20 percent rating for the right ankle disability.

The deciding factor: The Veteran's asbestosis with sleep apnea did not meet the criteria for a higher rating; his lumbar spine disability met the criteria for a 40 percent rating; and his right ankle disability met the criteria for a 20 percent rating, but none of his other conditions met the criteria for a compensable rating.

Claimed conditions

asbestosis with obstructive sleep apnea, lumbar spine disability, right knee disability, left knee disability, right ankle disability, scars, cyst excision of the left ear and jaw with cyst recurrence at the jaw site, burn scar of the left wrist, scar of the right index finger, atopic dermatitis/eczema of the hands

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

February 26, 2025

Citation

A25017662

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