Asbestosis decisions — 2014

The Veteran's service-connected disabilities (bilateral sensorineural hearing loss, asbestosis, and tinnitus) render him unable to obtain or retain substantially gainful employment, warranting a total disability rating based upon individual unemployability.

The Veteran's appeal is remanded due to the need for updated medical treatment records and a new VA examination to determine the current severity of his service-connected asbestosis.

The Veteran seeks service connection for asbestosis, which he claims was caused by in-service asbestos exposure. The Board finds that additional development is necessary before the underlying claim can be adjudicated on the merits.

The Veteran's death was not caused by a service-connected condition, and the appellant did not meet the requirements for DIC under 38 U.S.C.A. § 1318.

The Veteran's asbestosis was rated at 10 percent since June 9, 2008. The VA examiner found that the FEV-1/FVC ratio measurement most accurately reflects the level of disability due to his asbestosis.

The Board has remanded the case for further development, including a VA examination by a respiratory specialist and correction of mislabeled documents. The issue remains on appeal regarding service connection for a respiratory disability.

The Veteran's appeal is being remanded for additional development, including VA examinations and consideration of new evidence.

The Board has remanded the case for additional development, including VA examinations to determine if there is a relationship between the Veteran's current COPD with asbestosis and heart disability and his military service. The appeal will be readjudicated after these actions.

The Veteran's asbestosis was rated at 10 percent prior to July 29, 2013 and at 30 percent beginning from that date.

The Veteran's claim for an increased rating for his service-connected asbestosis with pleural plaques is being remanded due to the need for a VA examination and additional development of the record.

The Veteran is seeking service connection for asbestosis, which he claims was caused by exposure to asbestos during his military service. The Board has decided that a VA examination should be conducted to determine if the Veteran has an asbestos-related lung disease and whether it is related to his service.

The Board dismissed the Veteran's appeal due to a failure to timely file a Substantive Appeal regarding her service connection claims for Sjogren's syndrome, clinical depression, and residuals of exposure to asbestos. The May 2003 rating decision denying these claims is not on appeal.

The Veteran's appeal for service connection for diabetes mellitus type II was withdrawn prior to the Board's decision. The remaining claims of service connection for a respiratory disorder, bilateral ankle disability, and bilateral knee disability are remanded.

The Veteran's claims for service connection for diabetes mellitus, respiratory disability (claimed as due to exposure to asbestos), and low back injury residuals were denied. The claim for higher initial rating for PTSD was not addressed in this decision.

The Board has reopened the claim of service connection for asbestosis and granted it. The Veteran's respiratory disability, including asbestosis and COPD, is at least as likely as not related to his period of active service.

The Board found that the Veteran's current lung condition is not due to any in-service asbestos exposure or otherwise related to his active service, and denied his claim for service connection.

The Board finds that the preponderance of evidence is against a finding that asbestosis, which was caused by service exposure to asbestos, contributed substantially or materially to the Veteran's death. The cause of death listed on the initial death certificate was myocardial infarct.

The Board denied the Veteran's claims for a rating in excess of 60 percent for asbestosis and TDIU based on service-connected asbestosis, finding that his disability picture did not meet the criteria for an increased rating or TDIU.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected asbestosis was denied because the evidence did not show that he was unable to secure or follow substantially gainful employment solely by reason of his service-connected condition prior to March 19, 2009.

The Board has determined that the Veteran's current asbestosis is related to his in-service exposure to asbestos, and thus service connection for asbestosis is granted.