Asbestosis decisions — 2015

The Board has determined that the Veteran does not have a current disability related to asbestos exposure or laceration of the chin, and therefore denied both claims. The Veteran's service connection claim for an asbestos-related disease was denied as there is no evidence of such a condition. His claim for a compensable rating for his laceration of the chin was also denied due to lack of characteristics of disfigurement.

The Veteran's appeal is being remanded for a VA examination to determine if he has any asbestos-related disorders and whether these are related to his service. The issue of service connection remains on the table.

The Veteran's appeals for increased ratings and TDIU were denied. His left shoulder disability is rated at the maximum allowable under Diagnostic Code 5051, while his asbestosis does not meet the criteria for a higher rating.

The Veteran's appeal is being remanded due to the need for additional medical examination and opinion regarding his service-connected pulmonary asbestosis.

The Board denied service connection for hypertension and a lung disability due to asbestos exposure. The Veteran's claims of entitlement to service connection for a bilateral eye disability and an enlarged prostate, presumed due to herbicide exposure, were remanded.,VA medical examinations found no evidence of chronic eye disabilities during service and the examiner concluded that current eye conditions are age-related or developmental errors.

The Board has granted service connection for asbestosis, finding that the Veteran's current condition is due to in-service asbestos exposure. The issues of secondary service connection for a cardiac condition, brain disorder, and hypertension are addressed in the REMAND portion.

The Veteran's claim for service connection for asbestosis is being remanded due to the need for a VA examination and updated treatment records.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the current manifestations and severity of his service-connected asbestos related disease of mild pleural thickening.

The Board found that the Veteran's asbestosis does not more nearly approximate a degree of disability warranting a higher rating than the current 10 percent assigned.

The Board has determined that the Veteran's current lung disability, diagnosed as chronic obstructive pulmonary disease, interstitial fibrosis from asbestos exposure, and pulmonary fibrosis/emphysema, is not related to service. The claim for service connection for a lung disability due to asbestos exposure is denied.

The Veteran's claim for non-service-connected pension was granted in June 2008 with an effective date of August 16, 2007. The Board found that the July 2006 claim did not include a claim for non-service-connected pension and the November 2006 medical record from Dr. R.E.K. is not considered an informal claim.

The Veteran's appeal is remanded due to the need for additional VA examinations and development of medical records. The case will be reconsidered after these actions.

The Veteran's claims for increased evaluation of asbestos-induced pleural disease, reopening of service connection claims for various conditions, and TDIU/SMC have been granted. The Veteran is now rated at 100% for his asbestos-induced pleural disease as of May 3, 2010.

The Veteran's appeal was withdrawn for the issue of service connection for asbestosis. The Board found that a compensable disability rating (10%) is warranted for his right forehead scar, but denied entitlement to higher ratings for PTSD and other conditions.

The Veteran's asbestosis is now rated at 100 percent effective May 7, 2014.

The Veteran's claim for an evaluation in excess of 30 percent for his service-connected pleural consistent with asbestos exposure (respiratory disability) is being remanded due to the need for a new VA examination and consideration of recent VA treatment records.

The Board has determined that the Veteran's asbestosis is due to exposure during service, and therefore grants service connection for this condition.

The Board has remanded the case for further development, including obtaining missing service treatment records and clarifying a VA medical opinion regarding the Veteran's asbestosis and COPD.