Citation Nr: A20009502 Decision Date: 05/28/20 Archive Date: 05/28/20 DOCKET NO. 200220-68954 DATE: May 28, 2020 ORDER Entitlement to an initial 10 percent rating for asbestos related pleural plaque is granted. FINDING OF FACT For the period on appeal, pulmonary function testing (PFT) has shown that the Veteran's asbestos related pleural plaque disability, or service-connected lung disorder, has manifested by FVC not worse than 79 percent and DLCO, not worse than 72 percent. CONCLUSION OF LAW The criteria for entitlement to an initial 10 percent rating for asbestos related pleural plaque have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 4.97, Diagnostic Code (DC) 6833. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1952 to June 1955. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2019 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA). The Veteran timely and properly appealed this rating decision to the Board and selected the Evidence Submission docket under the Appeals Modernization Act (AMA) review system. The Veteran did not submit any additional evidence after he submitted this present appeal to the Board. By way of history, the Veteran filed a claim for service connection for asbestos related pleural plaque in August 2016. The Veteran was denied service connection in a January 2017 rating decision and promptly appealed the denial to the Board. The Board then granted service connection for asbestos related pleural plaque in a May 2019 decision. Subsequently, the RO issued the July 2019 rating decision presently on appeal, assigning the Veteran a noncompensable rating for his asbestos related pleural plaque. The Veteran filed a timely notice of disagreement (VA Form 10182) in February 2020 and continued his appeal of the initial rating to the Board. Entitlement to an initial compensable rating for asbestos related pleural plaque is granted. The Veteran contends he is entitled to an initial compensable rating for his service-connected lung disorder. Disability evaluations are determined by comparing a claimant's present symptoms with the criteria set forth in the VA Schedule for Rating Disabilities, which is based upon average impairment in earning capacity. 38 U.S.C. § 1155; 38 C.F.R. Part 4. When a question arises as to which of two ratings applies under a particular diagnostic code, the higher evaluation is assigned if the disability more closely approximates the criteria for the higher rating; otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7. After careful consideration of the evidence, any reasonable doubt is resolved in favor of the Veteran. 38 C.F.R. § 4.3. The Veteran's service-connected asbestos related pleural plaque is rated pursuant to DC 6833, using the General Rating Formula for Interstitial Lung Disease. Under the General Rating Formula for Interstitial Lung Disease, a 10 percent rating is granted for forced vital capacity (FVC) of 75 to 80 percent predicted, or; DLCO (SB) of 66 to 80 percent predicted. A 30 percent rating is warranted on FVC of 65 to 74 percent predicted, or; DLCO (SB) of 56 to 65 percent predicted. For a 60 percent rating, the evidence must show FVC of 50 to 64 percent predicted, or; DLCO (SB) of 40 to 55 percent predicted, or; maximum exercise capacity of 15 to 20 ml/kg/min oxygen consumption with cardiorespiratory limitation. Finally, a 100 percent rating is assigned for FVC of less than 50-percent predicted, or; DLCO (SB) less than 40-percent predicted, or; maximum exercise capacity less than 15 ml/kg/min oxygen consumption with cardiorespiratory limitation, or; cor pulmonale or pulmonary hypertension, or; where outpatient oxygen therapy is required. 38 C.F.R. § 4.97. The Veteran was first afforded a VA examination in December 2016. The Veteran described experiencing dyspnea with exertion. However, at the time of the December 2016 VA examination, the VA examiner had not received the PFT results from the Veteran’s treatment provider, so the results were not considered as part of the examination. The December 2016 private treatment record was obtained and associated with the claims file and contained the Veteran’s pulmonary function laboratory report. The laboratory report and accompanying PFT results indicate that the Veteran’s FVC was less than 81 percent predicted. Furthermore, the Veteran’s DLCO (SB) was 77 percent predicted, which was suggestive of mild reduction in diffusing capacity. The Veteran was afforded a second VA examination in June 2019. The Veteran again reported chronic dyspnea that was aggravated by exertional activities. The June 2019 VA examination indicated that the Veteran’s respiratory condition required the use of inhaled medications; specifically, that the Veteran had to intermittently use inhalational bronchodilator therapy for treatment of his service-connected lung disorder. The VA examination noted that the Veteran had PFT performed on May 29, 2019. The PFT results, pre-bronchodilator, showed that the Veteran’s FVC was 86 percent predicted, and the Veteran’s DLCO was 72 percent predicted. The Veteran’s post-bronchodilator PFT results reflected an FVC of 79 percent predicted. The post-bronchodilator DLCO result was not given. Based on the foregoing, the Board finds that an initial 10 percent disability rating is warranted, however, not higher. During the period on appeal, the Veteran's first PFT resulted in FVC and DLCO of 81 percent and 77 percent, respectively. The Veteran’s DLCO results meet the criteria for the 10 percent rating under DC 6833 of 38 C.F.R. § 4.97; however, the FVC results do not. The Veteran’s second PFT results reflect an FVC between 79 and 86 percent predicted, which are above the criteria for the 10 percent rating. However, the Veteran’s DLCO was 72 percent predicted, which again meets the 10 percent rating criteria under DC 6833 of 38 C.F.R. § 4.97. The Veteran’s PFT results are well above that which is required for a disability rating greater than 10 percent under DC 6833. Therefore, absent any evidence to the contrary and resolving all doubt in favor of the Veteran, the Board finds that a 10 percent initial rating is warranted for the Veteran’s service-connected asbestos related pleural plaque. Bethany L. Buck Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Maietta, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.