Asbestosis Board decisions

The Board dismissed the Veteran's appeals for rating and effective date issues related to his right third finger and left thumb disabilities. The Board also granted service connection for a lung condition (asbestosis) and secondary service connection for cardiovascular disease as secondary to PTSD.

The Veteran's service-connected disabilities require regular aid and attendance from another person, warranting special monthly compensation (SMC) based on aid and attendance.

The Veteran's asbestosis disability is rated at 100% from December 2, 2024 to January 16, 2026. The issue of entitlement to TDIU is dismissed as moot.

The Veteran's mumps residuals claim is denied as there is no probative evidence of an in-service infection or related skin issues.,The Veteran's lumbar spine disability, left knee disability, and left leg injury claims are denied due to lack of service connection. The COPD claim is granted based on presumptive exposure to environmental hazards during the Gulf War.

The Board has remanded the Veteran's claims for service connection for asbestosis with pleural plaques and vascular dementia as secondary to asbestosis with pleural plaques due to a lack of an adequate medical opinion regarding the relationship between the Veteran's conditions and his military service.

The Board has remanded the case due to a pre-decisional duty to assist error regarding the adequacy of the March 2024 VA examination and the need for clarification on why DLCO testing was not completed.

The Veteran's asbestosis was granted an increased rating of 10 percent, but no higher. Service connection for sleep apnea was denied.

The Board has remanded the Veteran's claims for service connection and evaluation of obstructive sleep apnea and asbestosis with COPD due to duty to assist errors, inadequate examinations, and other procedural issues.

The Veteran's asbestos-related lung disease, including a right lower lobe pulmonary nodule, is found to be at least as likely as not the result of service. Service connection for this condition is granted.

The Board has granted service connection for a respiratory disorder, including interstitial lung disease, pulmonary fibrosis, asthma, and pulmonary asbestosis, due to in-service asbestos exposure.

The Board has dismissed the appeals regarding asbestosis, MSA, and MSD due to the death of the appellant.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance is being remanded due to a pre-decisional duty to assist error. The VA needs to provide an examination focusing solely on how his service-connected disabilities impact his ability to perform daily activities.

The Veteran has withdrawn his appeals for increased ratings of PTSD with anxiety and pleural plaques with known asbestos exposure.

Service connection is granted for tinnitus. The Veteran's current tinnitus is related to service.,Service connection is denied for obstructive sleep apnea (OSA), gastroesophageal reflux disease (GERD), urinary frequency, insomnia, and lung condition due to asbestos exposure. There is no persuasive evidence of a current disability or relationship to service.

The Veteran's TBI alone rendered him unable to secure or follow a substantially gainful occupation, and he is eligible for SMC at the housebound rate due to his single total disability rating with additional disabilities rated at least 60 percent.

The Veteran's service-connected asbestosis was not manifested by a forced vital capacity (FVC) of 80 percent or worse, nor a DLCO (SB) of 80 percent or worse. Therefore, the claim for an increase in disability rating is denied.

The Veteran's service-connected conditions have rendered him in need of regular aid and attendance, which is granted for special monthly compensation.

The Board has remanded the cases of service connection for left shoulder disability and BPH due to a failure to obtain medical opinions regarding their relationship to service.

The Veteran's TDIU claim due to asbestosis is granted, effective from August 28, 2022. The evidence shows that the Veteran's asbestosis significantly impacted his ability to work.

The Board has decided to remand the case due to a lack of an adequate examination for the Veteran's asbestosis, specifically missing a DLCO pulmonary test.