Asbestosis decisions — 2013

The Board has granted service connection for a lung disability (asbestosis) and denied the remaining claims.

The Veteran's claim for service connection for asbestosis was granted with an effective date of May 24, 2011. Service connection for polyarteritis nodosa was denied.

The Veteran's appeal is being remanded due to deficiencies in the Board's analysis, specifically regarding VA's duty to assist in obtaining in-service hospital records and clarification of a December 2010 VA medical opinion.

The Board found that the Veteran's pulmonary disease, claimed as asbestosis, was not incurred or aggravated during active military service.

The Board has granted service connection for asbestosis. The remaining issues of entitlement to service connection for other respiratory disorders, diabetes mellitus, type II, obstructive sleep apnea, and a vision disorder are addressed in the REMAND portion of this decision.

The Board denied the appellant's claims for service connection for a baker's cyst, hypertension and heart related problems, and lung disability (claimed as due to asbestos exposure), all of which were deemed not supported by new and material evidence.

The Board found no evidence of asbestos exposure in service and concluded that the Veteran's current lung disability did not originate in or is otherwise etiologically related to service.

The Board has remanded the case to the Department of Veterans Affairs Regional Office for further development, including scheduling a VA examination and addressing whether another examination is necessary to ascertain the current severity of the Veteran's service-connected asbestosis.

The Board has remanded the case for further development, including obtaining VA outpatient records and scheduling a VA examination by a board-certified pulmonologist to determine if the Veteran currently has asbestosis or any other respiratory disorder related to service. The examiner must address whether it is more likely than not that any diagnosed condition is related to inservice asbestos exposure.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the current 10 percent ratings for his bilateral knee disabilities are appropriate.

The Veteran's appeal is being remanded for a Board video conference hearing as requested. The issues of service connection for left foot disability and respiratory disability, including COPD due to asbestos exposure, are still under consideration.

The VA Director of Compensation Services denied an extraschedular rating for the Veteran's service-connected asbestosis with pleural thick thickness, finding that it did not present such an exceptional or unusual disability picture to warrant a higher evaluation.

The Veteran's tinnitus claim is granted. The claims for bilateral hearing loss and respiratory disability are remanded due to the need for additional medical examination.

The Board finds that the appellant does not have a current pulmonary disorder, including asbestosis, due to service-connected asbestos exposure. The claim is denied.

The Veteran's appeal is being remanded for further development, including obtaining a new VA examination or opinion to address the severity of his service-connected asbestosis and its impact on his ability to work from August 29, 2000 to July 7, 2008.

The Board has remanded the case for additional development due to missing VA treatment records and the need to obtain any private treatment or evaluation records.

The Board finds that the Veteran's asbestosis was not incurred in or aggravated by active service, and his gastrointestinal disability is not related to service-connected bipolar disorder or medications. The claim for gastrointestinal disability has been withdrawn.

The Veteran's claim for service connection for peripheral neuropathy of the bilateral lower extremities is granted. The Board finds new and material evidence sufficient to reopen his asbestosis claim, but further development is needed due to unclear exposure history.

The Board has determined that the Veteran's asbestosis is related to his service, including exposure aboard ship during active duty. As such, the claim for service connection for asbestosis is granted.

The Veteran's claim for service connection for asbestosis is being remanded due to the need for additional medical examination and review of records.