M-21-1Updated
Regulation text

Part VIII, Subpart iii, Chapter 7, Section DRating Claims Based on Exposure to Asbestos

The full text of this section from M-21-1. Check the official source for the controlling version before you rely on it.

View official source

Looking for something else?

Contents2 blocks

Revised July 29, 2021

VIII.iii.7.D.1.aConsidering 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

VIII.iii.7.D.1.bDetermining 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.

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.

End of Part VIII, Subpart iii, Chapter 7, Section D

This text is a rendering of Part VIII, Subpart iii, Chapter 7, Section D. The official version is the one that governs your claim.

View official source
What next

Using this section

A regulation only helps if you point at it. Here is how to put this one to work.

  1. Cite it by number

    Write Part VIII, Subpart iii, Chapter 7, Section D into your statement and quote the sentence you are relying on. A rater reading a claim that names the rule spends less time guessing what you meant.

  2. Find the rest of the rule

    Sections cross-reference each other constantly. Search 38 CFR and M-21-1 for any reference this one sends you to.

  3. Check the percentages

    Procedure is one half of a claim; the rating criteria are the other. Browse the rating schedule for the diagnostic code that covers your condition.

See what this means for your claim.

Six reads your file against the rules that actually apply to it and tells you what the VA is still missing.

Start for freeBrowse all VA regulations