Asbestosis decisions — 2013

The Board found no evidence to support the Veteran's claim for service connection of an asbestos-related lung disorder, including asbestosis. The Veteran was previously denied service connection for sarcoidosis.

The Veteran withdrew from appellate consideration all issues remaining on appeal, including his claims for service connection and initial ratings.

The Veteran's service-connected disabilities (asbestosis, bilateral hearing loss, and tinnitus) have rendered him unemployable due to their severity. The Board has determined that he meets the criteria for a TDIU based on his education and occupational experience.

The Board has remanded the case for additional development due to inadequate VA examinations and incomplete medical records.

The Veteran's claims for service connection were denied due to lack of evidence supporting the claimed conditions and their relationship to service or service-connected disabilities.

The Board has remanded the case for a new VA examination to determine whether the Veteran has a diagnosis of asbestosis that is related to service, including exposure to asbestos. The claim will be readjudicated after this additional development.

The Veteran's claims for higher ratings for PTSD with depression and service connection for asbestosis have been dismissed due to withdrawal. The derivative TDIU claim is remanded for further development.

The Veteran's appeal is being remanded for additional development, including obtaining his Navy Reserve records and a VA examination to determine the nature and etiology of any current lung disorder. The issues on appeal are related to service connection for bilateral hearing loss disability, tinnitus, and lung disorder due to asbestosis exposure.

The Board has granted a TDIU based on the Veteran's service-connected asbestosis with pleural plaques, finding that this condition alone prevents him from obtaining or maintaining employment.

The Veteran's claims for service connection and a total rating based on individual unemployability are being remanded due to an address update issue.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected COPD and pleural plaques consistent with asbestosis. The TDIU claim will also be addressed.

The Board has denied the Veteran's claims for service connection for a respiratory disability, including the residuals of asbestos exposure; the residuals of right and left upper extremity trauma; and the residuals of sternum trauma. The claim for an initial compensable rating for bilateral hearing loss is also denied.

The Board denied the Veteran's claim for service connection for a respiratory disorder, including COPD and asbestosis, finding that there was no evidence of current asbestosis diagnosis. The Board also found that the Veteran did not have a current respiratory disorder related to his in-service symptoms.

The Board has determined that the Veteran's pulmonary disability, including COPD, restrictive disease and asbestosis, is at least as likely as not due to in-service exposure to asbestos. As a result, service connection for these conditions is granted.

The Board finds that the Veteran does not have asbestosis and therefore, service connection for this condition is denied.

The Veteran withdrew his appeal for service connection of asbestosis before the Board could make a decision.

The Veteran's claims for increased ratings for bilateral hearing loss, asbestos lung disease, and diabetes mellitus were denied. The RO assigned initial non-compensable evaluations for the first two conditions from September 11, 2009, and a 30 percent evaluation for asbestos lung disease effective September 11, 2009.

The Board has remanded the case due to insufficient development of records, particularly Social Security Administration (SSA) disability benefits.

The Board has granted service connection for asbestosis and rounded atelectasis, finding that these conditions are etiologically related to the Veteran's in-service exposure to asbestos. Lung cancer was not found to be related to service or in-service exposure to asbestos. COPD was also found to be related to service due to asbestos exposure.

The Veteran's claims for service connection for asbestosis and sleep apnea are being remanded due to the need for additional development, including obtaining medical records and providing examinations.