Asbestosis decisions — 2014

The Board has ordered a remand due to the need for further development, including obtaining VA treatment records and scheduling an addendum opinion. The Veteran's initial compensable evaluation for pulmonary asbestosis remains pending.

The Veteran's claim for an increased rating for asbestosis and secondary service connection for chronic obstructive pulmonary disease (COPD) is being remanded due to the need for additional development, including obtaining a medical opinion on whether COPD is secondary to asbestosis.

The Veteran is found to be unemployable due to his service-connected disabilities, specifically bilateral hearing loss and asbestosis. His combined evaluation of 80% meets the criteria for a TDIU.

The Veteran's service-connected pleural plaques are not shown to result in any functional impairment or symptoms, and thus he is not entitled to a compensable initial rating.

The Veteran's asbestosis has not met the criteria for a higher disability rating, and no TDIU is warranted.

The Veteran's service treatment records do not show any chronic respiratory disorder or low back disability during his active duty. The VA examiner concluded that the current respiratory and low back conditions are not related to his military service.,There is no evidence of a low back condition in service, and the Veteran's current degenerative disc disease does not appear to be related to his military service.

The Board has denied the Veteran's claims for service connection for asbestosis and COPD, finding that there is no current diagnosis of asbestosis and that COPD is not related to service or asbestos exposure.

The Veteran's PTSD symptoms resulted in occupational and social impairment with occasional decreases in work efficiency, depressed mood, anxiety, and difficulty concentrating prior to December 29, 2010. Since then, his symptoms have caused reduced reliability and productivity.,Service connection for pleural and pulmonary asbestosis is denied. Service connection for bilateral hearing loss disability and tinnitus are also denied.

The Veteran's appeal is being remanded for further development, including a respiratory examination and medical opinions regarding the relationship between his service-connected asbestos pleural disease and any other diagnosed respiratory disabilities.

The Veteran's claim for an increased evaluation for his service-connected asbestosis is being remanded due to the need for additional medical examination and testing.

The Board found that the Veteran's lung disorder, COPD, and smoke inhalation are not linked to his active service. The kidney disorder was also not linked to his service. Therefore, both claims for service connection were denied.

The Veteran seeks service connection for a lung disability claimed as asbestosis, which he asserts is due to in-service asbestos exposure. The case has been remanded for further development and an examination.

The Board has determined that a remand is necessary to address the accuracy of the February 1964 audiometric data and to obtain an updated opinion regarding the Veteran's current respiratory disability related to in-service asbestos exposure.

The Veteran's claims for service connection have been denied. The Board found that the evidence did not support a finding of current disabilities or a link to service.

The Veteran's claims for service connection and effective date of Dependents' Educational Assistance (DEA) under 38 U.S.C.A. Chapter 35 were denied as there was no evidence to support earlier effective dates than October 11, 2005.

The Veteran's appeal is remanded for additional development, including scheduling a VA examination to determine the current severity of his respiratory disability and obtaining outstanding medical records.

The Board found that the Veteran does not have a diagnosed respiratory disability caused by asbestos exposure, and thus denied his claim for service connection.

Since December 13, 2007, the Veteran's asbestosis has not met the criteria for a higher evaluation under the applicable rating criteria.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's asbestosis has been rated at 10 percent since September 2007. The Board finds that from March 7, 2011, the Veteran's asbestosis warrants a 100 percent evaluation.