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40 vetted Board decisions in 2022
The Veteran's asbestosis was rated at a noncompensable level prior to September 20, 2016. Effective September 20, 2016, the Veteran is now eligible for a 10% disability rating.
The Board dismissed the appeal because the appellant lacked standing to challenge the March 1985 rating decision for service connection of asbestosis, which was final due to non-appeal. The effective date remains unchanged at September 7, 2010.
The Veteran's claim for service connection for a lung condition, including COPD, emphysema, and asbestos-related lung disease was previously denied due to lack of in-service event and nexus. New evidence has been received indicating an in-service injury (asbestos exposure) and a nexus, allowing the claim to be reopened. The case is remanded for further evaluation.
The Board has remanded the Veteran's claims for service connection and rating of asbestosis with pleural plaques due to inadequate VA examinations, lack of contemporaneous medical evidence, and conflicting lay testimony. The low back disability claim is also being remanded.
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The Board denied an earlier effective date for the grant of service connection for asbestosis, finding that no prior informal claim was submitted before November 21, 2017.