Asbestosis decisions — 2014

The Veteran's service-connected asbestosis and depressive disorder have met the percentage requirements for the award of a schedular TDIU, and competent evidence indicates these disabilities prevent him from obtaining and retaining substantially gainful employment.

The Board has granted service connection for asbestosis and chronic obstructive pulmonary disease (COPD) based on the evidence showing a relationship between these conditions and active service.

The Veteran does not have a current respiratory condition, skin cancer, or skin rash.,There is no evidence of any chronic disease in service and the Veteran has not provided credible medical evidence linking his current conditions to service.

The Board has granted an effective date of June 6, 2002 for the grant of service connection for asbestosis. The Veteran's claim was received by VA on October 18, 2001 and the date entitlement arose was in June 6, 2002.

The Veteran withdrew his appeals of the denial of service connection for asbestos exposure and left knee infection during a hearing before the Board.

The Veteran's lung disorder is being remanded for additional development, including obtaining VA treatment records and a clarifying medical opinion from the examiner who previously examined him.

The Board found that the Veteran's currently diagnosed COPD is not related to service, but granted service connection for asbestosis based on exposure during military service.

The Veteran's claim for service connection for asbestosis is granted. The issue of service connection for a respiratory disorder other than asbestosis remains pending.

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

The Veteran's claim for a rating in excess of 30 percent for asbestos-related pleural plaques is being remanded due to the need for additional VA examination and treatment records.

The Board has remanded the case due to inadequate development of evidence regarding the Veteran's exposure to asbestos during service and its relationship to his current asbestosis diagnosis.

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

The Veteran's lung disability claim is being remanded for additional development to address the current nature and etiology of his claimed lung disability, including whether it is related to in-service asbestos exposure.

The Veteran's initial compensable disability rating for asbestosis with pleural plaques from November 23, 1993 to October 6, 1996 was denied. A 10 percent disability rating was granted for the period from October 7, 1996 to May 20, 1998. The claim for increased ratings since November 8, 2002 remains pending.

The Veteran's death was not caused by, or substantially or materially contributed to, a disability incurred in or aggravated by active service. The record does not support granting increased ratings for asbestosis, chronic bilateral maxillary sinusitis, or residuals of a left eye disability, each for accrued benefits purposes. The criteria for special monthly compensation based on the need for aid and attendance/housebound status were also not met.

The Veteran's asbestosis has been manifested by a pulmonary function test showing FVC greater than 80 percent of predicted value, FEV-1 greater than 80 percent of predicted value, and DLCO (SB) greater than 80 percent predicted value. The Veteran's respiratory symptoms have been due to asthma, not asbestosis or any manifestations of asbestosis such as pleural plaques or interstitial fibrosis or pleural effusion or fibrosis.

The Veteran's asbestosis has been rated at a 10 percent disability rating, the minimum allowed under the applicable diagnostic code.

The Board has determined that the Veteran's lung disease, including asbestosis and bronchiectasis, is service-connected. The decision grants service connection for these conditions based on their secondary relationship to his now-service connected asbestosis.

The Veteran's service-connected asbestosis is currently evaluated at 30 percent, which does not meet the criteria for a higher evaluation based on the severity of his symptoms and lung function tests.

The Board has determined that the Veteran does not have asbestosis and his COPD is more likely related to his prolonged cigarette smoking, rather than service. Therefore, service connection for a respiratory disorder, including asbestosis and COPD, is denied.