Asbestosis decisions — 2011

The Veteran's service-connected asbestosis with interstitial fibrosis renders him unable to secure and follow a substantially gainful occupation, warranting a total disability rating based on individual unemployability.

The Veteran's claim for an initial compensable rating for asbestosis has been dismissed due to the death of the Veteran.

The Board found that the Veteran does not have asbestosis and denied his claim for service connection.

The Board denied reopening the claim of service connection for COPD due to asbestos exposure, and denied all other issues on appeal.

The Veteran's service-connected bilateral interstitial fibrosis consistent with asbestosis was rated at 10 percent before June 28, 2010 and increased to 10 percent effective June 28, 2010. The claim for a higher rating is denied.

The Board has determined that additional development is necessary to determine if the Veteran's asbestosis is related to his in-service asbestos exposure. The case is being remanded for further examination and consideration.

The Veteran's claim for a compensable evaluation for malaria was denied as there is no evidence of active disease or residual symptoms. The claims for service connection for bilateral hearing loss and respiratory disorder (claimed as asbestosis) were also denied due to lack of supporting medical evidence.

The Board has determined that a remand is necessary to obtain a VA examination and address the Veteran's claim of entitlement to service connection for a lung condition, including as due to exposure to asbestos. The case will be returned to the AMC for further adjudication.

The Board has determined that the Veteran's lung conditions, including asbestosis and COPD, are not related to his service aboard the USS Coral Sea. The VA examiner found no direct evidence of asbestos exposure during service and concluded that any current lung condition is less likely than not caused by or a result of service.

The Veteran's service-connected asbestosis/emphysema resulted in the need for regular aid and attendance of another person due to resultant helplessness caused by mental and physical impairment, including inability to dress/undress himself, feed himself due to extreme weakness, and attend to the wants of nature.

The Veteran's asbestosis does not result in forced vital capacity (FVC) of 75 to 80 percent of predicted or diffusion capacity of the lung for carbon monoxide by the single breath method (DLCO (SB)) of 66 to 80 percent of predicted, and thus a compensable initial rating is denied.

The Board has remanded the case for further development and an opinion from a qualified VA physician regarding the etiology of the Veteran's cause of death, including potential asbestos exposure in service and after service.

The Veteran's service-connected disabilities, including his right elbow and knee conditions, have rendered him unable to secure or maintain substantially gainful employment. The Board has determined that referral to the VA Compensation and Pension Service is warranted for consideration of a TDIU on an extraschedular basis.

The Board has remanded the case due to the need for additional private treatment records, particularly from Princeton Community Hospital and Dr. V.P.

The Board finds that the service-connected asbestos-related lung disease with pleural plaques and coronary artery disease did not cause or contribute substantially to the Veteran's death.

The Board has dismissed the appeals for carpal tunnel syndrome, diabetes mellitus, glaucoma and cataracts, high cholesterol, and hypertension. The remaining issues of service connection for asbestosis, COPD, spurring of cervical and lumbar spine (back disorder), sleep apnea, tonsil disorder, bilateral knee arthritis with total knee replacement, right foot Achilles tendon (right foot disorder), and left foot disorder are addressed below.

The Board has determined that the Veteran's current lung disability, asbestosis, is related to his in-service exposure to asbestos while serving as a fire fighter. As such, service connection for this condition is granted.

The Board has granted service connection for asbestosis and degenerative joint disease of the left hand, finding that both conditions are related to the Veteran's in-service exposure. Asbestosis is linked to his asbestos exposure during service, while degenerative joint disease of the left hand is found to be proximately due to his service-connected amputation.

The Veteran's asbestosis is currently rated at 60 percent disabling beginning March 10, 2010. Prior to that date, the rating remains at 10 percent.

The Board has ordered additional development due to the need for clarification on the Veteran's exposure history and medical opinions regarding his asbestosis. The case will be returned for further review.