Asbestosis decisions — 2014

The Board has remanded the case for additional development, including obtaining SSA records and VA treatment records. The appeal is not about service connection at all.

The Veteran's asbestosis, COPD, and emphysema are granted service connection. Ischemic heart disease is not found to be related to service or herbicide exposure. Hypertension is also not found to be related to service.

The Board found that the Veteran's COPD and asbestosis are not related to his military service, thus denying his claim for service connection.

The Board has determined that the Veteran does not have a current asbestos-related lung disorder or left hip disability, and that any such disabilities are not related to service-connected conditions. The claim for an asbestos-related lung disorder is denied, and the claim for a left hip disability secondary to service-connected right hip, leg, and foot disabilities is also denied.

The Board denied DIC benefits based on service connection for the cause of the Veteran's death, finding that neither his asbestos-related lung disease nor his left humerus fracture was a principal or contributory cause of his death. The heart problems and COPD were not related to these conditions.

The Veteran's claim of service connection for a respiratory disorder, claimed as breathing problems due to asbestos exposure, and his claim for an increased rating for bilateral hearing loss are being remanded for further development.

The Board has directed that the Veteran undergo additional VA examinations and review of his claims file to determine the nature and etiology of his claimed conditions, including hearing loss, tinnitus, burn scars, psychiatric disorders, and lung disorder. The case is REMANDED for these actions.

The Board has determined that the evidence is in equipoise as to whether the Veteran's asbestosis was due to exposure during active service, and thus service connection is granted.

The VA determined that the Veteran's asbestosis does not warrant a compensable rating based on current pulmonary function test results and clinical findings.

The Board has remanded the case for further development of evidence, including pulmonary tests and a pulmonologist's opinion regarding the relationship between any extant pulmonary disorder and service. The Veteran will be provided an opportunity to respond after the additional development is completed.

The Veteran's initial rating for asbestosis and lung cancer was denied, with a current effective date of August 29, 2008. The VA found that the Veteran's Forced Vital Capacity (FVC) has been at least 68 percent of predicted; his Forced Expiratory Volume in One Second (FEV-1) has been at least 59 percent of predicted; and his FEV-1/FVC has been at least 61 percent. The VA also found that Diffusion Capacity of the Lung for Carbon Monoxide by the Single Breath Method (DLCO (SB)) has been at least 81.7 percent of predicted, which meets the criteria for a 30% rating under the General Rating Formula for Interstitial Lung Disease.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claims, including obtaining relevant medical records and scheduling appropriate VA examinations.

The Board has determined that the Veteran's lung cancer and asbestosis are not related to service, including due to asbestos exposure or smoking. Service connection is therefore denied for both conditions.

The Veteran's claims for service connection are being remanded due to the need for additional development regarding his exposure to asbestos during service. The AOJ is instructed to complete a formal memorandum documenting any inability to document in-service asbestos exposure and to conduct further development as necessary.

The Board found that the Veteran's current lung disability, diagnosed as COPD, is not due to disease or injury incurred in service. The claim for service connection for asbestosis was also denied.

The Veteran's appeal of service connection for colon cancer has been fully resolved as the claim was granted. The remaining issues of service connection for asbestosis, left lung tumor, and scarring of the back, arms and stomach are remanded for further development.

The Board has remanded the case for further development and scheduling of a hearing before a Member of the Board.

The Veteran's acquired psychiatric disorder, including PTSD and Major Depressive Disorder, is found to be related to his military service. Service connection for this condition is granted.

The Board has reopened the claim of service connection for bilateral hearing loss and granted it, finding that the Veteran's pre-existing hearing defect worsened during his active duty service. The claims for unidentified particles in the blood, asbestosis, and lower extremity peripheral neuropathy are denied as there is no evidence of these conditions at any time pertinent to this appeal.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination. The issue remains whether he should receive a higher rating for his asbestosis.