Asbestosis decisions — 2012

The Veteran's appeal is remanded for additional development, including obtaining updated medical treatment records and scheduling a new examination to determine the current severity of his service-connected asbestosis with pleural plaques.

The Board has determined that the Veteran does not have a skin disorder of the fingers and toes or asbestosis related to his military service, including exposure to herbicides or asbestos.

The Board denied service connection for asbestosis and awarded service connection for pleural plaques due to asbestos exposure, but assigned a noncompensable rating.

The Veteran's asbestosis has not met the criteria for a disability rating in excess of 30 percent. The Board found that his service-connected asbestosis, alone, did not render him unemployable prior to July 8, 2008.

The Veteran's claim for an initial compensable rating for asbestosis with pleural lung disease is being remanded due to the need for clarification of conflicting medical opinions and additional development.

The Veteran's tinnitus is found to be as likely as not related to his military service. The respiratory disorder, diabetes mellitus, and obstructive sleep apnea are all found to be less likely than not related to his military service. The vision disorder is also found to be less likely than not related to his military service.

The Board has remanded the Veteran's claims for further development due to insufficient medical opinions and unverified service dates. The case will be returned to the RO/AMC for additional development.

The Board has determined that the VA did not adequately address the appellant's claims for service connection due to asbestos and beryllium exposure during his military service. The claim is being remanded to obtain confirmation of such exposure, as well as additional medical records from private providers and Social Security Administration (SSA) records.

The Veteran's claim for service connection for a chronic lung disorder including asbestosis is being remanded due to inadequate VA examination and the need to obtain post-service medical records.

The Board finds that there is no competent evidence of record linking the Veteran's current pulmonary disability, including asbestosis, to his military service. As such, the claim for service connection is denied.

The Board found no evidence of a cervical spine disability in service or within one year post-service, and denied the Veteran's claim for service connection. The respiratory disability issue is pending as it relates to exposure to asbestos.

The Veteran's service-connected COPD associated with asbestos exposure is found to be so severe that it prevents him from securing and following any substantially gainful occupation, warranting a TDIU.

The Veteran's claims of service connection for bilateral hearing loss, respiratory disorder (asbestosis), and recurring cysts have been partially granted. The claim for bilateral hearing loss is reopened due to the submission of new and material evidence. Service connection has not been established for the respiratory disorder or recurrent cysts.

The Board has determined that the Veteran does not have a current disability related to right ear hearing loss, asbestos exposure, or radiation exposure for VA purposes and therefore denied his claims of entitlement to service connection for these conditions.

The Veteran's claim for service connection for a respiratory disorder other than bronchitis, including asbestosis and COPD, is remanded due to the need for further development. The TDIU claim is also remanded.

The Board has determined that the Veteran's claimed tinnitus and residuals of asbestos exposure were not incurred in or aggravated by service.