Asbestosis decisions — 2014

The Veteran's claim for a separate rating for pulmonary hypertension is denied because the asbestosis, which he has a 100% disability rating for, already encompasses any potential overlap with his pulmonary hypertension.

The Board found that the Veteran's asbestosis did not meet or approximate the criteria for a compensable rating under the applicable VA Rating Schedule during the entire appeal period.

The Veteran is seeking to reopen his claim of service connection for a respiratory disorder, including as a result of asbestos exposure. The case has been remanded due to the need to consider whether the March 1998 rating decision contained clear and unmistakable error.

The Board denied service connection for asbestosis and denied an initial compensable rating for bilateral hearing loss prior to March 31, 2014. However, the Board granted a 20 percent rating for bilateral hearing loss since March 31, 2014.

The Board is remanding the case for further development, including obtaining VA treatment records and clinical records from Chanute Field Hospital. The Veteran's claim will be reconsidered based on all available evidence.

The Board has granted the Veteran's request for service connection for a lung disorder, finding that it is related to his active duty service. The appeal was remanded due to issues with obtaining SSA records and an additional VA examination.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board denied the reopening of claims for service connection for hearing loss, tinnitus, and Meniere's disease due to a lack of new and material evidence.

The Board has remanded the claims due to allegations of worsening symptoms and unclear reference to which disability(ies) are being referred. The Veteran needs new examinations for his asbestos-related pleural disease and bilateral hearing loss.

The Board found that the Veteran did not have exposure to asbestos during service or a current asbestos-related disease, and thus denied his claim for service connection for a lung disability claimed as due to asbestos exposure.

The Veteran's death was caused by asbestosis, which had causal origins in his military service. The Board has granted service connection for the cause of the Veteran's death.

The Veteran's claim for service connection for a chronic respiratory disorder, including asbestosis, pulmonary granuloma, and bronchiectasis, is being remanded due to the need for clarification of an October 2012 VA medical opinion. The case will be returned to the RO/AOJ for further development.

The Veteran's claim for an increased evaluation for asbestosis is being remanded due to the need for a clarifying VA medical opinion regarding which pulmonary function test most accurately reflects his disability level.

The Board has granted service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are due to his active service.,Service connection was also granted for residuals of ulcerative colitis, with a presumption based on asbestos exposure.

The Board has determined that the Veteran's asbestosis is related to his in-service asbestos exposure and grants service connection for this condition.

The Board has remanded the case for obtaining relevant private treatment records and VA treatment records from January 2013 to present. The Veteran's claims of service connection for emphysema and asbestosis, claimed as scarring of the lungs, are pending.

The Veteran's appeals for service connection for asbestosis and nephrosclerosis with end stage renal disease have been dismissed due to the withdrawal of these issues by his representative prior to the Board decision.

The Veteran's claim for higher ratings for asbestosis and TDIU was denied. The Board found that the evidence did not support a rating in excess of 30 percent prior to May 7, 2012 or in excess of 60 percent since then.

The Board has remanded the claims for further development, including obtaining updated VA treatment records and scheduling a VA examination to determine the nature and etiology of the Veteran's pulmonary disability, asbestosis, and residuals of a total laryngectomy, status post laryngeal cancer.

The Veteran's claims for service connection and compensation under 38 U.S.C.A. � 1151 are being remanded due to the need to obtain additional medical records, provide an examination regarding his respiratory disability, and determine if any additional disability was caused by VA treatment.