Asbestosis decisions — 2014

The Board has determined that the Veteran's currently diagnosed COPD is as likely as not related to his active military service, while there is no current evidence of asbestosis. The claim for service connection for asbestosis is denied.

The Veteran's asbestosis has been rated at 100 percent since April 7, 2010. Prior to that date, the rating was 60 percent.

The Veteran's appeal is being remanded to obtain additional VA treatment records and for further development. The claims of entitlement to an initial rating in excess of 10 percent for fibrosis due to asbestos exposure, and entitlement to TDIU are inextricably intertwined.

The March 2009 rating decision confirmed a 30 percent disability rating for pleural plaques/asbestosis, which was based on post-bronchodilator FVC results of 70% and did not meet the criteria for a higher rating under DC 6833. The Veteran's pre-bronchodilator FVC was noted to be 63%, which is consistent with the current rating.

The Veteran's hypertension, a right knee scar, and a pulmonary disability (including as due to exposure to asbestos) are all found to be service-connected. The Veteran is granted an initial noncompensable rating for his right knee scar since April 27, 2010.

The Veteran's asbestos-related pleural disease is at least as likely as not due to his asbestos exposure during service, and the Board grants service connection for this condition.

The Board has determined that the Veteran does not have a current diagnosis of asbestosis or lung disorder related to service, including asbestos exposure. The preponderance of evidence is against finding any such connection.

The Veteran's asbestosis is currently evaluated at a 10 percent rating, and the VA examiner found that his pulmonary function test results accurately reflect his current level of disability.

The Board has remanded the case for additional development, including obtaining an opinion on whether the Veteran's current lung disability is related to his service. The appeal will be reconsidered after this development.

The Board has determined that the Veteran does not have a current asbestos-related pulmonary disability and finds no causal connection between any present pulmonary disability and his active service, including in-service exposure to asbestos. The preponderance of evidence is against the claim.

The Veteran's appeal for an earlier effective date for service connection of asbestosis was denied. The Board found that the claim to reopen his previously denied claim had been received on June 26, 2006 and thus no earlier effective date could be granted.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to address the nature and extent of his respiratory disorders. The issues of service connection for other respiratory disorders and entitlement to individual unemployability are also being referred.

The Board has determined that the Veteran's squamous cell carcinoma of the right tonsil is due to exposure to herbicides in service, and thus granted service connection.,The Board has also determined that the Veteran's asbestosis is due to exposure to asbestos in service, and thus granted service connection.

The Board has reopened the claim for service connection for asbestosis and granted a 30 percent rating for PTSD, effective from the date of the August 2008 decision.

The Veteran's appeal has been dismissed due to his death. No decisions were made on the merits of any claims.

The Board has determined that the Veteran's asbestos-related lung disease, including atelectasis and residuals of asbestos exposure, is related to his service. The decision grants the Veteran's claim for service connection.

The Veteran's appeal is remanded due to conflicting pulmonary function test results and the need for a medical opinion on the impact of asbestosis on his disability level.

The Veteran's claim of entitlement to service connection for asbestosis is being remanded due to the need for additional development, including obtaining a list of his employers prior to and following his separation from active duty.

The Board has ordered another VA examination due to the lack of review of the Veteran's claims folder and incomplete medical records. The Veteran is seeking service connection for a respiratory disorder, including asbestosis.

The Veteran's service treatment records are negative for complaints of, or treatment for, spine, left shoulder, or lung disabilities. The earliest post-service clinical evidence of possible acid reflux is more than twenty years after separation from service.,There is no competent credible evidence of record that reflects that the Veteran has a lung disability causally related to, or aggravated by, service.