Asbestosis decisions — 2014

The Veteran's service-connected disabilities, including an acquired psychiatric disorder and pleural plaques due to asbestos exposure, have rendered him unable to secure or follow a substantially gainful occupation. As such, the Board has determined that he is entitled to a TDIU.

The Board finds that the Veteran does not have asbestosis, and thus denies his claim for service connection. For his other claims, additional development is needed to obtain complete medical records from Dr. Ploss regarding chronic fatigue syndrome, an updated examination on allergies, and a determination on whether hypertension pre-existed his ischemic heart disease.

The Board has remanded the case for a VA examination to determine if the Veteran's lung disorder is related to his service, specifically asbestos exposure. The claim will be reconsidered after this additional development.

The Board has remanded the case due to outstanding VA treatment records and a need for clarification from the February 2014 VA examiner regarding Dr. Patel's diagnosis of asbestos-related pulmonary fibrosis.

The Veteran's claims for service connection for lung cancer and bronchitis have been denied on the merits. The Board found no new and material evidence to reopen the claim for lung cancer, as there is currently no diagnosis of lung cancer. For bronchitis, the Board noted that while asbestos exposure was alleged, there is insufficient evidence to establish a current disability.

The Veteran's appeal for an initial compensable rating for bilateral hearing loss was withdrawn prior to the Board making a decision. The issue of service connection for asbestosis is being remanded for further development.

The Veteran's appeal is being remanded due to technical difficulties with the hearing transcript. The Veteran will be scheduled for a new videoconference Board hearing.

The Board has remanded the case for further development due to incomplete medical history and inadequate opinions regarding lung and heart disabilities.

The Board found that the Veteran does not have a current diagnosis of asbestosis or any other lung disorder related to his active duty service, including asbestos exposure. The evidence did not support a diagnosis of asbestosis and indicated that it was due to post-service occupational exposure.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected pleural plaques and whether he has COPD. The claims will be readjudicated after these actions.

The Board has granted service connection for left knee degenerative joint disease. The Veteran's other claims are remanded for further development.

The Veteran's low back disability was not incurred in service and his respiratory disorder, claimed as asbestos exposure during service, cannot be linked to service. The Board denied both claims.

The Board has determined that the Veteran's asbestos-related lung disease, including asbestosis, is related to his active service and exposure to asbestos. However, COPD is not etiologically related to his military service.

The Board denied the Veteran's claims for service connection for asbestosis, bilateral sensorineural hearing loss, and tinnitus. The evidence did not establish current diagnoses or a nexus to service.

The Board has determined that additional development is necessary before the claims can be fully adjudicated.

The Board has remanded the case due to a need for additional development regarding whether the Veteran's death is related to in-service asbestos exposure or other service-related factors.

The Veteran's appeal for an initial rating in excess of 30 percent for pulmonary asbestosis with asthma and COPD was denied. The current disability rating is maintained at 30 percent.

The Board has determined that the Veteran does not have a current respiratory disorder related to service, including exposure to asbestos. The claim for service connection for COPD is denied.

The Board denied the Veteran's claim for service connection for a respiratory disability manifested by shortness of breath to include tuberculosis (TB) and an asbestos related disease, finding that there is no evidence of a current underlying respiratory disability or active tuberculosis during service. The Board also found that there was no objective evidence of any current asbestos-related disease.

The Veteran's asbestosis has been rated at a 100 percent since January 21, 2009.