Asbestosis decisions — 2015

The Veteran's service-connected disabilities do not meet the criteria for SMC based on need for regular aid and attendance or housebound status.

The Veteran's service-connected asbestosis disability renders him unable to care for himself, perform his activities of daily living, and protect himself from his environment without regular assistance from another person. The Board finds that the criteria for special monthly compensation based on the need for regular aid and attendance are met.

The Board has granted service connection for a heart disability, as secondary to service-connected major depressive disorder and anxiety disorder. The lung disability claim remains in remand status due to the need for additional evidence.

The Veteran has withdrawn their appeals regarding the service connection for bilateral hearing loss, respiratory disability (asbestosis), and cervical spine disabilities. As a result, these issues are dismissed.

The Board has granted service connection for pulmonary asbestosis and pharyngeal cancer. The Veteran's current diagnoses of these conditions are supported by medical evidence, including a private physician's opinion linking his throat cancer to asbestos exposure in service.

The Veteran's appeal is being remanded for a VA examination to assess his employability due to service-connected disabilities, and the issue of TDIU will be referred for extra-schedular consideration if appropriate.

The Board has determined that new and material evidence was received within the appeal period, allowing for a reopening of the claim of service connection for asbestosis. The Veteran's diabetes mellitus is presumed to be due to herbicide exposure in Vietnam. His diabetic nephropathy is also presumed to be related to his diabetes. However, there is no indication that his right knee disability is service-connected.

The Veteran withdrew his appeals on the issues of service connection for asbestosis and an earlier effective date for the increased rating award of 60 percent for bilateral hearing loss.

The Veteran's asbestosis was manifested by complaints of difficulty breathing and the use of different inhalers, but did not meet the criteria for a disability rating in excess of 30 percent prior to May 7, 2014.

The Veteran's respiratory disorder, including pleural and pulmonary asbestosis, was not incurred in or aggravated by active service. The Board finds that the evidence does not support a finding of service connection for this condition.

The Veteran's service connection claims for various conditions, including cholecystectomy residuals, GERD, depression, knee disabilities, respiratory disorder, allergic rhinitis, sleep apnea, hemorrhoids, skin disability, traumatic brain injury residuals other than headaches, headaches, right eye trauma residuals, dry eye syndrome, and erectile dysfunction are all granted.,The Veteran's service connection claims for obstructive sleep apnea, headaches, dry eye syndrome, and erectile dysfunction were found to be related to his active duty service.

The Board has denied the Veteran's claims for increased ratings and service connection for his claimed conditions. The current 10 percent disability rating for asbestosis with shortness of breath is upheld, as it meets the criteria under Diagnostic Code 6833.

The Veteran's claim for service connection for a lung disability, including asbestosis and mesothelioma was reopened due to new evidence. Service connection is granted for mesothelioma, low back disability, bilateral hip disability, right knee disability, left knee disability, and depression.

The Veteran's appeal is being remanded to the RO for scheduling a Board videoconference hearing. The issues of service connection and rating for various conditions are pending.

The Board has reopened the claim for service connection for cardiomyopathy due to new and material evidence. However, there is no current disability manifested by dizziness or fatigue other than cardiovascular disease.

The Board has determined that the Veteran does not have a lung disability other than asbestosis, and that any COPD is not related to his service or caused by or aggravated by asbestosis. As such, the claim for service connection for a lung disability other than asbestosis is denied.

The Veteran's asbestosis was rated at 10 percent prior to September 22, 2009 and has been granted a 100 percent rating from that date.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling a VA examination to determine the nature and etiology of any respiratory disability, and providing an examination to address the etiology of his sleep apnea.

The Board has remanded the case for additional development, including obtaining service personnel records and scheduling a VA examination to assess the Veteran's right hand disability. The Veteran is entitled to an initial rating in excess of 10 percent for his flexion contracture of the right (middle finger) proximal interphalangeal (PIP) joint and pleural calcification due to asbestos exposure, but further development is needed before a final determination can be made.

The Veteran's lung disability, including COPD, asbestosis and pleural plaques, is being remanded for a VA examination to determine if it is related to service or asbestos exposure.