Asbestosis decisions — 2014

The Board has granted service connection for bilateral sensorineural hearing loss, finding that it is etiologically related to in-service noise exposure. The lung disability claim remains pending as the appropriate diagnosis and nexus have not been fully addressed.

The Veteran's cause of death was determined to be COPD, with asbestosis as a contributing factor. The Board found that the service-connected conditions did not contribute substantially or materially to his death.

The Board has determined that the Veteran's COPD is not related to service, including asbestos exposure. The residuals of his minor (left) third (long) finger felon do not warrant a compensable rating.

The Board has determined that additional development is needed for the Veteran's claims, including obtaining SSA records and scheduling VA examinations to address his service connection claims. The case will be returned to the Board after this development.

The Veteran was granted service connection for asbestosis but denied service connection for COPD. The Board found that the Veteran's inservice duties included exposure to asbestos, which is a known risk factor for asbestosis.

The Board has established service connection for asbestosis, bilateral hearing loss, and tinnitus based on in-service noise exposure.

The Veteran's asbestosis with pleural plaques is characterized by FVC of 75- to 80-percent predicted value, or for DLCO (SB) of 66- to 80-percent of predicted. The criteria are met for an initial disability rating of 10 percent, but no higher.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran suffers from asbestosis or COPD, and if so, whether it is related to service. The case will be returned for further development.

The Veteran's claim for an initial compensable rating for asbestosis is being remanded due to the need for a new VA examination and consideration of any outstanding treatment records.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining treatment records. The claims will be readjudicated after these actions.

The Veteran's tinnitus and asbestosis have been granted service connection, with the Board finding that both conditions are related to his military service.

The Board denied an initial compensable disability rating for asbestosis, finding that the Veteran's most recent pulmonary function test showed Forced Vital Capacity (FVC) of 103 percent of predicted value and Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) of 126 percent of predicted value. The preponderance of evidence is against the Veteran's claim.

The Veteran's claim for a compensable initial rating for service-connected pulmonary asbestosis is being remanded due to the need to obtain updated private treatment records from Dr. Witkins.

The Board has dismissed the appeal regarding the issue of entitlement to service connection for asbestosis due to withdrawal by the appellant.

The Veteran's asbestosis is currently rated at 10 percent, but the evidence does not support a higher rating. The VA examiner found no objective evidence of asbestosis and concluded that any current symptoms are unrelated to service-connected asbestosis.

The Board has determined that the Veteran's asbestosis with emphysema is related to his service, and thus grants service connection for this condition.

The Board has determined that the Veteran's service-connected asbestosis warrants a 10 percent rating effective from October 12, 2012. The evidence shows that prior to this date, there was no forced vial capacity (FVC) of 75% to 80% predicted or diffusion capacity of the lung for carbon monoxide by the single breath method (DLCO(SB)) of 66% to 80% predicted. As of October 12, 2012, there is evidence of a ratio of forced expiratory volume in one second to forced vital capacity (FEV-1/FVC) of 80% predicted.

The Board finds that the Veteran's asbestosis is not related to his military service, including asbestos exposure. The preponderance of evidence does not support a finding that the current condition is due to or aggravated by any incident in service.

The Board has denied the Veteran's claims of reopening his service connection for degenerative changes of the cervical spine, degenerative changes of the thoracolumbar spine, and COPD with fibrothorax of the left lung due to lack of new and material evidence.

The Board has remanded the case for further development, including obtaining an opinion from a VA examiner regarding whether any diagnosed respiratory disability is caused or aggravated by the Veteran's service-connected asbestosis.