The Veteran's asbestosis is rated at 60 percent, which is the maximum rating under DC 6833. The Board finds that a higher rating is not warranted.,The Veteran's intervertebral disc syndrome with L5 spondylolysis and spondylolisthesis with spinal stenosis and degenerative disc disease is rated at 20 percent, which is the maximum rating under DC 4.71a, Diagnostic Code 5243. The Board finds that a higher rating is not warranted.,The Veteran's left lower extremity radiculopathy, sciatic nerve is rated at 20 percent, which is the maximum rating under DC 8520. The Board finds that a higher rating is not warranted.,The Veteran's right lower extremity radiculopathy, sciatic nerve is rated at 20 percent, which is the maximum rating under DC 8520. The Board finds that a higher rating is not warranted.
The deciding factor: None of the criteria for a higher rating are met as the Veteran's conditions do not meet the requirements for a higher rating based on FVC or DLCO (SB) results, incapacitating episodes, or limitation of motion.,The evidence does not show that the Veteran has had any incapacitating episodes in the past 12 months. The Board finds that the maximum rating under DC 4.71a is appropriate as there are no other criteria for a higher rating based on IVDS.,The Veteran's left lower extremity radiculopathy, sciatic nerve does not meet the criteria for a higher rating as it is rated at the maximum of 20 percent under DC 8520. The Board finds that the evidence does not show any additional limitation of motion or other factors warranting a higher rating.,The Veteran's right lower extremity radiculopathy, sciatic nerve does not meet the criteria for a higher rating as it is rated at the maximum of 20 percent under DC 8520. The Board finds that the evidence does not show any additional limitation of motion or other factors warranting a higher rating.
- Claimed conditions
- asbestosis, intervertebral disc syndrome with L5 spondylolysis and spondylolisthesis with spinal stenosis and degenerative disc disease, left lower extremity radiculopathy, sciatic nerve, right lower extremity radiculopathy, sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 27, 2026
- Citation
- A26027969
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 A26027969.
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 service-connected disabilities require regular aid and attendance from another person, warranting special monthly compensation (SMC) based on aid and attendance.
- Whole decision: Granted
The Veteran's asbestosis disability is rated at 100% from December 2, 2024 to January 16, 2026. The issue of entitlement to TDIU is dismissed as moot.
- Whole decision: Dismissed
The Board dismissed the Veteran's appeal for service connection of a right ankle disorder.,The Board denied the Veteran's request for an earlier effective date for his service connection for gastroenteritis, lumbosacral strain, left lower extremity radiculopathy, right lower extremity radiculopathy, left ankle lateral collateral ligament strain, right knee strain and hemorrhoids. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of a lumbosacral strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of left lower extremity radiculopathy, sciatic nerve. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of right lower extremity radiculopathy, sciatic nerve. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of a left ankle lateral collateral ligament strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of right knee strain. The earliest effective date is December 5, 2018.,The Board denied the Veteran's request for an earlier effective date for his service connection of hemorrhoids. The earliest effective date is December 5, 2018.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for asbestosis with pleural plaques and vascular dementia as secondary to asbestosis with pleural plaques due to a lack of an adequate medical opinion regarding the relationship between the Veteran's conditions and his military service.
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