{"page":"https://casescribe.ai/explorer/conditions/asbestosis","generated_at":"2026-10-03T18:33:59.655Z","data_as_of":{"decisions":944125,"first_year":2017,"last_year":2026,"latest_decision":"2026-04-30","cfr":"2026-10-01","m21":"2026-09-29"},"about":{"publisher":"CaseScribe AI (VA Law Explorer)","source":"Public Board of Veterans' Appeals decisions (appeals of VA decisions, not VA's first decisions), M21-1 Adjudication Procedures Manual, 38 CFR Parts 3 and 4.","method":"Outcomes are issue-level: each condition the Board decided in a decision counts once. Decision data is extracted by AI and can contain errors. Rates describe past appeals and do not predict any claim.","disclaimer":"For research only. CaseScribe AI is not a law firm and this is not legal advice. Verify figures against the source decisions and regulations.","attribution":"Cite as: VA Law Explorer, CaseScribe AI, with the page URL."},"data":{"condition":"Asbestosis","all_conditions_granted_pct":19.4,"decisions":1839,"years":"2017-2026","granted_pct":16.3,"denied_pct":30.1,"remanded_pct":51.4,"granted_on_merits_pct":35.1,"by_year":[{"year":2017,"issues":105,"granted_pct":5.7,"denied_pct":23.8,"remanded_pct":60},{"year":2018,"issues":154,"granted_pct":17.5,"denied_pct":29.9,"remanded_pct":45.5},{"year":2019,"issues":289,"granted_pct":15.6,"denied_pct":29.8,"remanded_pct":51.6},{"year":2020,"issues":335,"granted_pct":13.1,"denied_pct":32.2,"remanded_pct":51.6},{"year":2021,"issues":276,"granted_pct":16.3,"denied_pct":30.1,"remanded_pct":48.6},{"year":2022,"issues":238,"granted_pct":19.3,"denied_pct":24.8,"remanded_pct":51.7},{"year":2023,"issues":218,"granted_pct":16.5,"denied_pct":30.3,"remanded_pct":50},{"year":2024,"issues":138,"granted_pct":21.7,"denied_pct":26.8,"remanded_pct":49.3},{"year":2025,"issues":106,"granted_pct":17.9,"denied_pct":41.5,"remanded_pct":38.7},{"year":2026,"issues":52,"granted_pct":23.1,"denied_pct":25,"remanded_pct":48.1}],"benefit_of_doubt_in_grants_pct":74.9,"evidence_on_merits":[{"evidence":"va_exam_favorable","decisions_with":194,"granted_pct_with":54.9,"granted_pct_without":31},{"evidence":"va_exam_unfavorable","decisions_with":1331,"granted_pct_with":33.6,"granted_pct_without":43.5},{"evidence":"nexus_positive","decisions_with":301,"granted_pct_with":61.8,"granted_pct_without":26.7},{"evidence":"nexus_negative","decisions_with":887,"granted_pct_with":32.7,"granted_pct_without":38.1},{"evidence":"private_opinion","decisions_with":785,"granted_pct_with":45.5,"granted_pct_without":23.4},{"evidence":"treating_physician","decisions_with":123,"granted_pct_with":50,"granted_pct_without":33.5},{"evidence":"lay_statement","decisions_with":1363,"granted_pct_with":31,"granted_pct_without":51.5},{"evidence":"buddy_statement","decisions_with":44,"granted_pct_with":38.5,"granted_pct_without":34.9},{"evidence":"combat_service","decisions_with":56,"granted_pct_with":33.3,"granted_pct_without":35.1}],"top_reasons":{"granted":[{"reason":"current diagnosis established","decisions":34},{"reason":"conceded in-service asbestos exposure","decisions":11},{"reason":"conceded asbestos exposure","decisions":7},{"reason":"in-service asbestos exposure established","decisions":4},{"reason":"va examiner: less likely than not related to service","decisions":4},{"reason":"conceded asbestos exposure during service","decisions":2}],"denied":[{"reason":"no current diagnosis","decisions":72},{"reason":"preponderance of the evidence against the claim","decisions":70},{"reason":"service records negative or silent","decisions":58},{"reason":"va examiner: less likely than not related to service","decisions":44},{"reason":"current diagnosis established","decisions":21},{"reason":"no in-service complaints, treatment or diagnosis","decisions":15}]},"recent_examples":{"granted":[{"case_id":"A26040725","year":2026,"judge":"M. SORISIO","rationale":"Evidence in approximate balance; Benefit of doubt resolved in Veteran's favor; Substantial weight to private opinion linking asbestosis to in-service exposure"},{"case_id":"A26040277","year":2026,"judge":"MICHAEL A. PAPPAS","rationale":"Evidence in approximate balance regarding FVC below 50 percent predicted; Benefit of the doubt applied in favor of the veteran; Grant of 100% rating based on FVC below 50 percent predicted"},{"case_id":"A26036484","year":2026,"judge":"PAUL SORISIO","rationale":"March 2025 PFTs showed DLCO (SB) of 76-percent predicted; Warrants 10 percent rating under DC 6833; Higher rating not warranted based on PFT results"}],"denied":[{"case_id":"A26033292","year":2026,"judge":"FREDERIC P. GALLUN","rationale":"Objective medical evidence from VA examinations did not meet criteria for compensable rating.; Pulmonary function test results did not meet FVC or DLCO thresholds for higher ratings.; Lay statements were considered competent but less probative than objective medical findings."},{"case_id":"A26032770","year":2026,"judge":"B. MULLINS","rationale":"Persuasively weighs against finding; No current disability found; Insufficient evidence"},{"case_id":"A26032302","year":2026,"judge":"EMILY TAMLYN","rationale":"Pulmonary function tests (FVC 88%, FEV-1 92%) align with 10% criteria; No pneumonia or other conditions identified due to asbestosis; Veteran's contention of higher rating due to potential return of pneumonia not supported by current evidence"}]},"how_va_rates":null,"rules":[]}}