What this means
m21-1:VIII.iii.7.D explains rating claims based on exposure to asbestos. In plain terms, the official guidance says when deciding a claim for service connection (SC) for a disability claimed to result from exposure to asbestos during service, the rating activity should It also addresses use the information below to determine the diagnostic code (DC) to assign when rating disabilities caused by exposure to asbestos.
How this may help with a claim
Use m21-1:VIII.iii.7.D when organizing evidence or checking VA's handling of rating claims based on exposure to asbestos. Compare your application, supporting records, and notice with this source-specific point: When deciding a claim for service connection (SC) for a disability claimed to result from exposure to asbestos during service, the rating activity should Use the information below to determine the diagnostic code (DC) to assign when rating disabilities caused by exposure to asbestos. Save proof of submission and identify the exact condition, exception, or missing development step before requesting correction or choosing a review option.
What to review in your file
- Check the file against this official condition: determining the diagnostic code (DC) when rating disabilities caused by exposure to asbestos.
- Confirm that the record or notice addresses this source point: When deciding a claim for service connection (SC) for a disability claimed to result from exposure to asbestos during service, the rating activity should
- Document how this stated step or exception applies: determine whether or not service records demonstrate the Veteran was exposed to asbestos during service
Important limits
m21-1:VIII.iii.7.D explains VA guidance for rating claims based on exposure to asbestos; it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: When deciding a claim for service connection (SC) for a disability claimed to result from exposure to asbestos during service, the rating activity should determining the diagnostic code (DC) when rating disabilities caused by exposure to asbestos.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Rating Claims Based on Exposure to Asbestos
- m21-1:VIII.iii.7.D
- Rating Claims Based
- Exposure Asbestos
- Rating Claims Based Exposure
- considering disabilities claimed result
- determining diagnostic code when
- VIII.iii.7.D.1.a. Considering Disabilities Claimed
Original VA guidance
The official VA text of this section
Overview
In This Section
This section contains the topic, “ Rating Claims Based on Exposure to Asbestos.”
1. Rating Claims Based on Exposure to Asbestos
Introduction
This topic contains information on service connection (SC) for disabilities resulting from exposure to asbestos, including
- considering SC for disabilities claimed to result from exposure to asbestos during service, and
- determining the diagnostic code (DC) when rating disabilities caused by exposure to asbestos.
Change Date
July 29, 2021
VIII.iii.7.D.1.a. Considering SC for Disabilities Claimed to Result From Exposure to Asbestos During Service
When deciding a claim for service connection (SC) for a disability claimed to result from exposure to asbestos during service, the rating activity should
- determine whether or not service records demonstrate the Veteran was exposed to asbestos during service
- ensure that development is accomplished to determine whether or not the Veteran was exposed to asbestos either before or after service, and
- determine whether or not the evidence establishes a nexus between exposure to asbestos and the claimed disease, keeping in mind latency and exposure factors.
Notes:
- As always, resolve reasonable doubt in the claimant’s favor.
- If assistance in deciding a case is needed, contact the Compensation Service Policy Staff (211).
References: For more information on
- development procedures to be performed in claims based on asbestos exposure, see M21-1, Part VIII, Subpart iii, 7.B
- procedures for determining the likelihood of in-service asbestos exposure, see M21-1, Part VIII, Subpart iii, 7.C
- need for a medical nexus to service in asbestos-related claims, see VAOPGCPREC 4-2000, and
- requesting assistance from Compensation Service, see M21-1, Part X, Subpart v, 1.A.
VIII.iii.7.D.1.b. Determining the DC When Rating Disabilities Caused by Exposure to Asbestos
Use the information below to determine the diagnostic code (DC) to assign when rating disabilities caused by exposure to asbestos.
Scroll sideways to see the full table.
| If the condition is … | Then rate … |
|---|---|
| asbestosis | under 38 CFR 4.97, DC 6833. |
| pleural effusions fibrosis, or pleural plaques | analogous to asbestosis under 38 CFR 4.97, DC 6833. |
| cancer | under the DC for the appropriate body system. |
| mesothelioma of pleura | analogous to 38 CFR 4.97, DC 6819. |
| mesothelioma of peritoneum | analogous to 38 CFR 4.114, DC 7343. |