Asbestosis decisions — 2015

The Veteran's currently-diagnosed bilateral varicose veins were incurred in service. The Board finds that the Veteran has a current diagnosis of a pulmonary disorder, to include mesothelioma and asbestosis, which is related to service exposure to asbestos. As such, the Veteran's claims for service connection are granted.

The Veteran's claim for service connection for a pulmonary disorder, including asbestosis, COPD and interstitial lung disease (ILD), is being remanded due to the need for additional medical records and examinations.

The Board has granted the Veteran's claims for service connection for tinnitus and asbestosis, finding that his current conditions are related to in-service noise exposure and asbestos exposure respectively. The claim for a left hand disability was denied.

The Board has determined that a new VA examination is needed due to the passage of time and possible increase in disability, and thus remands the case for further action.

The Veteran's service-connected asthma with asbestos-related pleural plaques is currently rated at 60 percent from January 8, 2014. The evidence does not support a higher rating or entitlement to TDIU based on the severity of his disability.

The Veteran's appeal is being remanded to allow for a Board hearing due to the recent receipt of his claims file and changes in scheduling needs. The issues include service connection for various conditions.

The Board has determined that the Veteran does not have a current diagnosis of a lung disorder other than asbestosis, and therefore, service connection cannot be granted.

The Veteran's asbestosis disability was rated at 30% prior to May 4, 2015 and at 60% from that date. The Board found the evidence did not support a higher rating before or after this date.

The Board found no evidence of current asbestosis and concluded that the Veteran did not have a service connection for this condition.

The Veteran's calcified pleural plaques were not manifested by post-bronchodilator findings of FVC or DLCO (SB) within the required percentages for a compensable rating prior to September 4, 2012. The claim is denied.

The Board has denied the Veteran's claims for service connection for various conditions, including bilateral hearing loss, obstructive sleep apnea, asthma/asbestosis, skin cancer, foot skin disorders, left knee arthritis, traumatic arthritis of the lumbar spine, and arthritis of other joints (excluding the left elbow). The reasons provided are that there is no evidence linking these conditions to service or secondary to any service-connected disability.

The Board has granted service connection for asbestosis, finding that the Veteran was exposed to asbestos during his active duty and that this exposure is at least as likely as not related to his current condition. The decision does not address a rating or effective date.

The Veteran's appeal is remanded due to the need for a statement of the case regarding service connection for COPD and chronic bronchitis, as well as a VA examination for his respiratory disorders.

The Veteran's claim for an increased evaluation for asbestosis is being remanded due to the need for additional VA examination and development of his medical records.

The Veteran's service-connected asbestosis is assigned a noncompensable disability rating, and he is granted entitlement to TDIU.

The Veteran's appeal is remanded due to the need for additional medical evidence and a retrospective opinion regarding his employability. The claims for increased rating, effective date, TDIU, and Dependents' Educational Assistance are all related and must be addressed together.

The Veteran's service-connected asbestosis with restrictive disease has prevented him from securing and maintaining substantially gainful employment since May 2, 2008.

The Board has dismissed the appeal as the issue of service connection for asbestosis was previously decided and is final.

The Veteran has withdrawn all his appeals regarding the issues of service connection for respiratory conditions, hearing loss, and tinnitus.