Asbestosis decisions — 2014

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment from January 4, 2008, to May 11, 2011. The Board finds that the criteria for a TDIU are met during this period.

The Board has remanded the case for further development and a medical opinion to determine if the Veteran's current respiratory disorder is related to service, specifically exposure to asbestos. The Veteran was previously denied service connection for asbestosis/lung cancer in April 2014.

The Veteran's claim for service connection for a respiratory disorder, claimed as COPD and asbestosis, is being remanded due to the need for additional development regarding his exposure history during service.

The Veteran's claim for service connection for asbestosis is being remanded due to the need for further development, including a VA examination and review of his employment history.

The Veteran's unauthorized medical expenses incurred at Clarinda Regional Health Center from May 23, 2010 to May 24, 2010 are now covered by VA due to the lack of attempts for transfer to a VA facility.

The Board has ordered a new VA respiratory examination to address the Veteran's contentions of in-service exposure to exhaust fumes and its impact on his breathing issues. The case is remanded for further development.

The Board finds that the Veteran's asbestosis, COPD, and asthma are not related to his military service. The evidence does not support a finding of in-service asbestos exposure or any other form of exposure that could be linked to these conditions.

The Veteran's appeal is being remanded for additional development, including scheduling a VA pulmonary examination and providing notice regarding how to substantiate the claim for TDIU. The case will be re-adjudicated following these actions.

The Veteran's adenocarcinoma of the lung, postoperative with asbestosis and emphysema has been rated at 60 percent since November 2009. The Board finds that this rating is appropriate based on his current pulmonary function test results.

The Veteran's appeal is being remanded for further development, including obtaining Social Security Administration disability records and a VA medical opinion regarding his cold injury residuals and bilateral lower extremity disorder.

The Veteran's service-connected asbestosis was reduced from a 60 percent rating to a 30 percent rating, effective July 1, 2013. The Board has restored the previous 60 percent rating.

The Board found that the Veteran's right foot disability did not have its onset during service and is not related to an injury or event in service. The Veteran was granted a maximum rating for his flexion contracture of the right middle finger PIP joint, but there is no evidence of unfavorable or favorable ankylosis affecting individual or multiple digits.

The Board has determined that the Veteran does not have asbestosis and there is no evidence of asbestos exposure during service. The current respiratory symptoms are likely due to tobacco use rather than asbestos exposure.

The Board has determined that the reduction of the 30 percent rating for asbestosis to zero percent effective January 1, 2013 was proper. The Veteran's respiratory symptoms are due to his service-connected COPD and not to his service-connected asbestosis.

The Board has remanded the case due to the need for additional records and clarification from the November 2013 VA examiner regarding the Veteran's asbestos exposure and lung disease.

The Board has determined that the Veteran does not have a current disability related to asbestosis and therefore, service connection for this condition is denied.

The Board has denied the Veteran's claim for service connection for a respiratory disability, to include asbestosis, finding that there is no current evidence of such a condition during the pendency of his claim.

The Veteran seeks a higher disability rating for his service-connected calcified pleural plaques indicative of pleural-based asbestos lung disease, but the claim is being remanded due to lack of recent medical records and need for a more contemporaneous examination.

The Veteran's lung disorder, claimed as non-Hodgkin's lymphoma, asthma, and asbestosis, including as due to asbestos exposure during service, is being remanded for further development.

The Board has determined that the Veteran's asbestosis warrants a higher initial 30 percent disability rating, though no greater. The additional PFT results submitted after his hearing showed sufficient respiratory impairment to warrant this higher rating.