Asbestosis decisions — 2015

The Board found that the reduction of the 30 percent rating for asbestosis to a 10 percent rating was proper, effective January 1, 2013.

The Board has remanded the case for additional development due to conflicting medical opinions and missing records. The appellant is seeking service connection for a lung disability, but there are no clear findings of a current lung disorder related to his military service.

The Board has denied the Veteran's claims for service connection for asbestosis and tinnitus. The claim for service connection for tinnitus is granted, while the claim for asbestosis remains denied.

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

The Veteran's PTSD is rated at 100% effective September 18, 2012.,The Veteran's asbestosis with COPD and chronic bronchitis is rated at 100% effective May 28, 2013.

The Board is remanding the case to consider whether new and material evidence has been received to reopen the claim for service connection of a lung disorder, including asbestosis. The Veteran's previous claims have already been denied due to lack of asbestos exposure.

The Board denied the Veteran's claims of service connection for bilateral pes planus, right ear hearing loss, left ear hearing loss, asbestosis, hypertension, and an acquired psychiatric disorder. The evidence did not support a finding of current disabilities or a link to service.

The Veteran's asbestos-related pleural calcification and pleural plaques are rated at a 30 percent disability rating since April 25, 2012.

The Board denied service connection for sleep apnea and asbestosis, finding that the evidence did not support a link between these conditions and the Veteran's military service.

The Veteran's appeal is remanded for further development, including a VA examination to determine if his service-connected disabilities cause him to be housebound or in need of regular aid and attendance.

The claim for service connection for paranoid personality disorder has been reopened and granted.,The claim for PTSD due to military sexual assault has also been reopened and granted.

The Board has determined that in-service asbestos exposure contributed to the Veteran's death, and thus service connection for the cause of his death is granted.

The Board found no evidence of a current diagnosis of asbestosis and denied the Veteran's claim for service connection.

The Veteran's COPD was not shown to be related to his military service, including exposure to asbestos. Service connection for COPD is therefore denied.,The Veteran's CAD has been rated at 30 percent since November 20, 2009 and the criteria for a higher rating are not met.

The Board denied the Veteran's request for an earlier effective date of January 6, 2010 for the award of service connection for asbestos related lung disease with pleural plaques due to lack of a prior claim.

The Veteran's claim for service connection for a disability associated with asbestos exposure is being remanded due to the need for additional medical examination and consideration of all relevant evidence.

The Board has determined that the Veteran's asbestosis does not meet or approximate the criteria for a disability rating higher than 10 percent, and therefore denied his claim.

The Veteran's service-connected asbestosis is rated at 30 percent, and the Board found no evidence to warrant a higher rating based on the available medical records.